Mandates
Probation and After Care Service derives its mandates from the following statuses:
- Probation of Offenders Act, Cap 64
- Community Services Orders Act, No. 10 of 1998
- The Power of Mercy Act, No. 21 of 2011
- Prisons Act, Cap 90
- The Borstal Institutions Act, Cap 92
- Children’s Act, No. 8 of 2001
- The Sexual Offences Act, No. 3 of 2006
- Prevention of Terrorism Act, No. 30 of 2012, Laws of Kenya
- Victim Protection Act, No. 17 of 2014, Laws of Kenya
- The Criminal Procedure Code, Cap 75, Laws of Keny
- The Penal Code, Cap 63, Laws of Kenya
In addition to these, Probation and After Care Service implements various Government policies related to probation work; general rules of international law; and treaties and conventions ratified by Kenya which form part of law under the Constitution of Kenya 2010.
Functions
Probation and After Care Service performs the following main functions:
- Conducting social inquiries of accused persons, offenders and petitioners for preparation of pre-bail, pre-trial, pre-sentence or post-sentence reports;
- Preparing and presenting reports to courts and other penal organs for decision making and dispensation of justice;
- Supervising offenders on presidential pardon orders, non-custodial orders and release licenses;
- Developing and implementing correctional programmes for offenders serving various non-custodial measures;
- Reintegrating and resettling non-custodial offenders and those leaving correctional institutions back to the community;
- Facilitating alternative dispute resolution mechanisms;
- Providing services for the protection and promotion of rights and welfare of victims and offenders;
- Providing temporary accommodation to needy and deserving offenders in probation hostels and transitional houses; and
- Promoting crime prevention activities to enhance public safety.