Tuesday, July 23, 2019

Custom Adv 1

On the 31st December 2018, H.E the President Uhuru Kenya, assented to the Statute Law Miscellaneous Amendment Act No. 18 of 2018 which has given effect to many statutes including the Probation of Offenders Act Cap 64 and the Community Service Orders Act Cap 93. The said amendments took effect from the 18th January 2019.

The specific amendments to the Probation of Offenders Act relate to the definition of the Director of Probation Service as head of Probation and Aftercare Service and situates the office in the Public Service. It also defines Pre-sentence Reports as ‘reports on accused persons or offenders prepared by Probation Officers under the Act or any other law in force for purposes of criminal justice administration’. Most importantly, it makes it mandatory for the report to be prepared by a Probation Officer before the making of a Probation Order.

The new version has replaced the term ‘youth’ at the definition with ‘age’ as a variable for the consideration by the court before making a Probation Order. Further, it grants the court the discretionary power to ‘consider the view of the victim as contained in the Pre-sentence Report prepared before making a probation order. Similarly, a new access to records and information clause has been inserted allowing Probation Officers the right to access all records and information held by any person or authority for the purpose of preparing Pre-sentence Report. The law now demands of the Pre-sentence report to include a recommendation as to the suitable period of supervision, rehabilitation programmes and any measures necessary to reduce the risk of re-offending. There are also other consequential amendments made pursuant to the constitutional requirement.

Compelling insertions have also been made in the Community Service Orders Act. In this regard, the court must get a Probation Officer's Report before making a Community Service Order. Also introduced in the sentencing option is the requirement that those placed on the order should not be deemed convicted in the first instance unless they recidivate. However, there are exceptions to those who have committed serious crime like sexual violence, terrorism and corruption. Further adjustment have been made on the functions of the National Community Service Orders Committee.

Our Contacts

Probation and Aftercare Service Headquarters
A: Taifa Road, Reinsurance Plaza Building
P. O. Box 42335-00100 Nairobi, Kenya
T: +254-020-2652335/ 3311303 /2215658/ 2240057/ 2224016
C: +254-722-104621/ 1044626
W: www.probation.go.ke  
E: information@probation.go.ke