Rehabilitation vs. Punishment: A delicate balance to strike

Prison Systems Necessary

Prison systems are a necessity in most societies seeking to maintain order sustainably. Justice systems serve three primary purposes, including rehabilitation, retribution, and facilitating reconciliation between the offenders and their victims. Prisons provide a means through which societies can separate the offenders from the victims and create room for both parties to achieve some form of restoration. For victims, prison institutions create distance from the offender and ease their ability to seek stability after loss or damage. The loss or damage may constitute property or the well-being of the victims in various capacities. For the offenders, prison systems create the isolation necessary for them to achieve introspection, rectify perspectives causing harmful behavior, and receive specialized support whenever necessary. The facilities also offer environments where the offenders can learn from others going through similar life experiences and receiving the assistance they need. However, most people overlook the ability prisons have to achieve behavioral rehabilitation and perceive them as stations where offenders receive punishment for their offenses. It is essential to state that even though the punishment element of imprisonment does exist, rehabilitation is more prominent.

Single-sided Perspectives on Crime

A salient reason for the prevalent perspective of prisons as centers for punishment is the lack of consideration for the circumstances surrounding some crimes. Despite the objectivity in determining criminal penalties, the circumstances surrounding the crimes sometimes create moral dilemmas which increase the need for reasonable consideration of circumstances surrounding crimes. For instance, in an incident occurring in 2021 in Meru County, Kenya, a lady called Leah Mwangaza stabbed a man by the name Jackson Kirimi Ikombo. The man later succumbed to his injuries at the Isiolo County Referral Hospital. A report by the Star Newspaper published on August 22, 2023, reported that the victim had raped Leah a few months before the incident. Leah had not reported the matter to the authorities but confronted the perpetrator later, leading to an altercation. It is during the fight that Leah stabbed Mr. Ikombo with his knife, leading to his death. The case showcases the peculiar circumstances that can lead individuals to commit capital offenses.

Finding a Balance

Although the loss of lives in Mr. Ikombo’s case warranted some degree of punishment, the circumstances made it necessary to consider options beyond life imprisonment. Judge Edward Muriithi of the High Court in Meru felt the possibilities when commuting the sentence from murder to manslaughter and giving Leah a three-year probationary sentence. In the situation, Leah received punishment for the loss of life caused without overlooking her rape and Mr. Ikombo’s role in the crime. The ruling also provided a way through which the state prevented prison congestion without neglecting the safety of the community where Leah lived. Overall, it is necessary to ensure that prison systems do not just exist to punish offenders but to offer behavioral rehabilitation to the extent required for each offender.

Article by Ivy Ndindi

Strategy and Innovations Director, CELSIR