Rehabilitation vs. Punishment: A delicate balance to strike
November 16, 2023Rejoining Society-The Clean Slate Act
December 15, 2023A prominent consequence of imprisonment is the irreparable damage it causes to family units within communities. Kevin (not his real name) explained to the CELSIR team visiting the Eldoret GK Prison that it was his second time in prison. Kevin also intimated that even though freedom does sound like a good idea in theory, he lost his family and, therefore, has nothing to look forward to when returning home. Kevin has been at the facility for five years. During his first incarceration, his family was keen on visiting. He explained that he always looked forward to stories from his children about school. However, seeing them grow up and achieve milestones in his absence brought him immense sadness. When he left prison that first time, he got home and discovered that his wife had a baby about a year old. The baby was not Kevin’s. His wife explained that she grew tired of waiting and was getting old, so she chose to get a new husband. As such, what was formerly Kevin’s home now belonged to someone else. The new man of the house also provided for the family’s basic needs, which made it harder for Kevin to plead his case.
Kevin lived under a nearby bridge for a while as he sought a job. He was too embarrassed to return to his parents or reach out to his siblings. Eventually, Kevin did secure a job at a nearby construction site. He could now afford a one-roomed house with a shared bathroom and toilet. He was also glad that he could afford at least two meals a day, clean clothes, and some warm bedding. However, losing his family took a toll on him, and he started abusing alcohol. Kevin got into a bar fight during one of the drinking sprees and inadvertently injured a man with a broken bottle. The incident landed him in prison for the second time, as he could not even afford bail. Although Kevin is remorseful about his actions, he has lost hope in getting his family back and is not eager to rejoin society in the next few months.
Kevin’s story is not unique in the Eldoret GK Prison. Most of the inmates express their grief at losing their families. Although they have accepted their sentences, they have yet to accept the reality of losing their families. Some of the inmates explained that their families disowned them even before establishing their guilt. The lengthy prison sentences are also a point of concern, as most inmates agree that the duration influences the level of patience their families have before giving up on them. The prison system in Kenya has made significant strides in ensuring contact between inmates and their families. However, the prison duration ultimately create a barrier to maintaining familial connections. In November 2023, Amnesty International proposed a reduction of prison sentences for capital offenses from life imprisonment to 20 years. The proposal follows the judiciary’s intention to change penalties against capital offenders. The court will include the changes in The Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) 2023. CELSIR hopes the resulting amendments will protect the family unit by offering rehabilitation and supported reentry into society for offenders.
Article by Ivy Ndindi
Strategy and Innovations Director, CELSIR