ROLE OF INDEPENDENT PENAL MONITORING BODIES IN PROMOTING BEST PRACTICES IN CORRECTIONAL INSTITUTIONS IN KISUMU COUNTY, KENYA.

Abstract

This research examined the role of independent penal monitoring bodies in promoting best practices within correctional facilities in Kisumu County, Kenya. These monitoring bodies were established in compliance with international treaties and national legislation to address torture and ill-treatment within prisons. Prison monitoring in Kenya began in the mid-1990s, allowing civil society organizations and the media to oversee conditions. The Kenya National Commission on Human Rights implements two important mandates: a watchdog over the government in human rights and advice to the country on the enhancement of human rights protection. The Commission on Administrative Justice receives complaints concerning abuse of power by prison officials and delays in the hearing of prisoners' appeals. The Kenya 2022 Human Rights Report, however, highlighted persistent issues within the prison system, including torture, violence, inadequate living conditions, and limited access to necessities. The general objective of the study was to establish the role of independent penal monitoring bodies in promoting best practices in correction facilities within Kisumu County, Kenya. The first objective examined the perspectives and experiences of inmates regarding the complaint resolution process by independent penal monitoring bodies, the second objective analyzed the strategies employed by independent penal monitoring bodies to promote best practices in correctional institutions, and the third objective identified the improvements in correctional management practices resulting from the collaborative efforts between the IPMBs and correctional institutions. Findings of the first objective revealed that inmates exhibited varying levels of awareness regarding their right to lodge complaints, necessitating targeted educational programs; the second objective highlighted the limitations in the strategies employed by monitoring bodies, emphasizing the need for more frequent and inclusive visits, transparent communication, and timely responses to complaints. In addition, the third objective showed that collaborative efforts positively impacted inmate rehabilitation programs, safety, and offender management practices. The theoretical grounding of the study lies in human rights theory, emphasizing prisoners' inherent rights; the due process model brings out the elements of constraints on the actions of prison staff and rational choice theory, providing insights into decision-making processes. The research design is descriptive, combining quantitative and qualitative data. The sample size of 362 inmates was calculated using Israel's formula. At the same time, purpose sampling was employed in the selection of key informants, who were four human rights officers, four officers in charge, and ten family members of inmates. Data were collected using semi-structured questionnaires, interviews, and focus group discussions. Quantitative data was analyzed using the Statistical Package of Social Science program to generate tables and figures. In contrast, qualitative data was analyzed using content analysis that grouped similar data content as per the research themes. The study concludes that while the monitoring bodies have made significant contributions, challenges remain in enhancing inmate participation, visit frequency, and communication. Recommendations include improving inmates' awareness of complaint procedures, fostering inclusive interactions, and institutionalizing collaboration between monitoring bodies and correctional institutions to ensure a human rights-based correctional system.