Prisoners and the Law: Rethinking Prisoners’ Rights and Implementation Challenges in Kenya’s Justice System

Abstract

International Organizations such as the Council of Europe and the United Nations have developed several legal provisions on prisoners’ rights. These liberal rules are intended to improve how various actors handle incarcerated offenders in the criminal justice system. Local legislations have similarly been developed by various countries to protect and safeguard the right of prisoners. This review will examine various international legal provisions and the local statutory requirements available under the Kenyan justice system. In particular, the requirements of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) will be examined and compared to various local legal provisions in the Penal code and the Prisons Act (CAP 90 of the Laws of Kenya). Additionally, the examination will cover some of the challenges that hinder the effective implementation of local and international rules on prisoners’ rights in the Kenyan context.