THE EXECUTIVE

​Meaning of the executive.

This is the arm of government which deals with the implementation of laws made by parliament. It is charged with the administration of affairs of a country as well as affairs which affect the country from outside. 
The National executive comprises;
a) The president. 
b) The deputy president. 
c) The cabinet. 
d) The attorney general. 
e) The director of public prosecutions 
f) The public service.

The president.

​He is the Chief Executive Officer of the republic of Kenya. He is the head of state and government in Kenya. He is the commander-in-chief of the Kenya Defence Forces. He is a symbol of national unity.
 
He holds office for a five year term from the date of being sworn in to office and the term expires when the next candidate elected as president is sworn in. the constitution gives a two-five year term as the maximum period for the president’s position.

​Qualifications for election as President in Kenya.

1. A person qualifies for nomination as a presidential candidate if the person is a citizen by birth
2. The person must be qualified to stand for election as a Member of Parliament.
3. He or she must be nominated by a political party, or is an independent candidate and is nominated by not fewer than 2000 voters from each of a majority of counties. 

NB;- A presidential candidate, whether affiliated to a political party or independent, must garner 50% plus one of all the votes cast in the election.  
A candidate must also attract 25% of the votes cast in more than half of the counties in kenya in order to qualify to be a president.

Disqualifications one from vying for election as a president in Kenya

1. If the person owes allegiance to a foreign state.
2. ​If he is a public officer, or is acting in any State or other public office.

Assumption of office of the president.

The president-elect assumes office by taking two oaths namely; 

• The oath of affirmation of allegiance
• The oath of affirmation for execution of the functions of office. 

If the president-elect dies before assumption of office, the deputy president-elect is sworn in as acting president. A new fresh election to the office of president must be held within sixty days after death of the president-elect. The president must be sworn in public before the Chief Justice.

Importance of a presidential election.

1. The citizens get a chance to exercise their democratic right. It is the essence of democracy in a government. The people have a choice to elect a president directly, freely, and fairly.
2. It is a means through which the people of Kenya give the president the mandate to rule the country and act on their behalf.
3. It helps to check dictatorship. The president becomes responsible and accountable to the electorate. He cannot go against public opinion.
4. The president enjoys legitimacy of power because it is derived from the people

Powers and functions of the president of Kenya as derived from the constitution of Kenya. ​

• a) As the Head of State, he performs the following functions;
  • -He represents the government and the people of Kenya both locally and  internationally.
  • -He receives foreign diplomatic and consular representatives.
• b) He is the head of Government. 
  • -He nominates a deputy president to deputize him.
  • -He nominates and, with the approval of the national assembly, appoints or dismisses cabinet secretaries, the attorney general, the Director of Public Prosecutions, the secretary to the cabinet, Principal secretaries, High Commissioners, Ambassadors, and diplomatic and consular representatives, the chief justice and the deputy and all the judges in line with the recommendations of the Judicial Service Commission 
• c) He is the Commander-in-Chief of the Kenya Defence Forces
  • -He has powers to declare a state of emergency, declare war with the approval of parliament.
  • -He is the chairperson of the National Security Council of Kenya. 
• d) The President has the duty to safeguard the Constitution, ensure the protection of human rights and fundamental freedoms and the rule of law, safeguard the sovereignty of the republic, promote and enhance unity of the nation and promote respect for diversity.
• e)The President has legislative powers to address the opening of each newly elected Parliament. He also addresses a special sitting of parliament once every year and any other time. 
• f) The President chairs Cabinet meetings and assigns responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary.
• g) He presides over national holidays during which he expounds on government policy.
•  
• h) He confers honours in the name of people and republic on men and women of Kenya for outstanding achievements. E.g. OGH, OBS, DSM, HSC and EBS. 
• i) He may, on petition of any person, exercise mercy powers in accordance with the advice of the advisory committee. E.g.;
  • -Grant a free or conditional pardon to a person convicted of an offence.
  • -Postpone execution of any punishment for an offender , for a specified period, or indefinitely
  • -Substitute a less severe form of punishment.
  • -Remit all or part of a punishment.
• j) The President ensures that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries. 

NB-the constitution provides the president with immunity from criminal proceedings during the tenure of office in respect of anything done or not done in exercise of the powers granted by the constitution. But this immunity does not extend to a crime for which the president may be prosecuted under any treaty to which Kenya is party to, and which prohibits such immunity.

The process of Removal of President by impeachment.

A member of the National Assembly moves a motion for the impeachment of the President on the following grounds; 

1. A gross violation of a provision of the Constitution.
2. President commits a crime under national or international law.
3. For gross misconduct. 

If a motion is supported by at least two-thirds of all the members of the National Assembly, the Speaker informs the Speaker of the Senate of that resolution within two days.
 
The President continues to perform the functions of the office pending the outcome of the proceedings.
 
Within seven days, the Speaker of the Senate convenes a meeting of the Senate to hear charges against the President.
 
A special committee appointed by the senate investigates the matter; and report to the Senate within ten days.
 
If the special committee reports that the particulars of any allegation against the President have not been substantiated, further proceedings shall not be taken
 
If any of allegations against the President have been substantiated, the Senate, after according the President an opportunity to be heard, votes on the impeachment charges.
 
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

​Reasons that may lead to a presidential by-election in Kenya.

1. The president’s election may be nullified by court due to election offences.
2. The serving president may die while in power.
3. The president may resign.
4. If the president becomes physically /mentally incapacitated.
5. Parliament may pass a vote of no confidence in the president /government.
6. If the serving president deserts/defects from the party that sponsored him to parliament.
7. ​If the serving president ceases to be a Kenyan citizen.

THE DEPUTY PRESIDENT

​The deputy president is nominated by the presidential candidate during a general election.

The process of Electing and swearing in of a Deputy President in Kenya.

1. A candidate, (qualified for nomination for election as President) is nominated by each candidate in a presidential election.
2. The Independent Electoral and Boundaries Commission then declare the candidate nominated by the person who is elected as the President as the Deputy President.
3. The swearing in of the Deputy President-elect is before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
4. The Deputy President-elect assumes office by taking and subscribing;
   1. The oath or affirmation of allegiance.
   2. ​The oath or affirmation for the execution of the functions of office.

Under the following circumstances, one can cease to hold the office of the Deputy President

1. At the end of term of office when the person next elected President at an election is sworn in.
2. When the Deputy President assumes the office of President.
3. On resignation, death or removal from office of the Deputy President

Functions of the Deputy President in Kenya.

1. The Deputy President is the principal assistant of the President and shall deputize for the President in the execution of the President’s functions.
2. The Deputy President performs the functions conferred by the Constitution and any other functions of the President as the President may assign.
3. When the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.

NB-The Deputy President is not permitted to hold any other State or public office.

The cabinet. 
The composition of The Cabinet in Kenya.

The Cabinet consists of: 

1. the President;
2. the Deputy President;
3. the Attorney-General; and
4. Not fewer than fourteen and not more than twenty-two Cabinet Secretaries. 

The President nominates and, with the approval of the National Assembly, appoints Cabinet Secretaries.
A Cabinet Secretary should not be a Member of Parliament.

Secretary to the cabinet.

This office is an office in the public service.
The office holder is nominated and appointed by the president, with the approval of the national assembly. He/she has the following responsibilities;

1. Taking charge of the cabinet office.
2. Arranging the business of the cabinet subject to its directions.
3. Keeping minutes of the cabinet.
4. Conveying decisions of the cabinet to the appropriate persons or authorities.
5. Serving other functions as directed by the cabinet.

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Principal Secretaries.

​Each state department is under the administration of a principal secretary. He/she is nominated and appointed by the president from among persons recommended by the public service commission and approved by the national assembly.
This office is an office in the public service.

General Functions of the cabinet.

1. The cabinet Advises and assists the president in governing the country.
2. The cabinet Discusses matters of national and international concern with the president.
3. The cabinet Formulates government policies and programmes. During parliamentary debates, the secretaries defend the same policies, interpret them to the people and ensure their implementation.
4. The cabinet initiates new bills and table government bills in the National assembly.
5. Cabinet secretaries on their individual capacity give direction to operations within their ministries.
6. The secretary for finance formulates and prepares the national budget which he/she then presents to the National Assembly.​

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The principle of collective responsibility of the cabinet.

1. The cabinet does not work in the light of day. Cabinet must abide by oath of secrecy.
2. It requires that the cabinet must act together as a team. The cabinet must speak together with one voice on all matters of government policy.
3. All cabinet members are collectively responsible to parliament and to the people through parliament. One act of a cabinet secretary is taken to be an act of all the members of the cabinet.
4. A minister would resign if in his conscience he cannot abide by the principle of collective responsibility.

The functions of the Attorney-General in Kenya.

1. The Attorney-General is the principal legal adviser to the Government.
2. He represents the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings.
3. He performs any other functions conferred on the office by an Act of Parliament or by the President.
4. The Attorney-General has authority, to appear as a friend of the court in any civil proceedings to which the Government is not a party.
5. ​The Attorney-General has duty to promote, protect and uphold the rule of law and defend the public interest.

The Director of public prosecutions.

The DPP is nominated and with the approval of the National Assembly is appointed by the president to hold office for a term of eight years and can’t be re-appointed.
​ 
He/she does not require the consent of any person or authority for the commencement of criminal proceedings. His/her powers may be exercised in person or by subordinate officers acting under general or special instructions.
 
A person qualified to be appointed a DPP should have the qualifications to be appointed a judge of the High Court.

The functions of the Director of Public Prosecutions.

1. The Director of Public Prosecutions has power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct.
2. The Director of Public Prosecutions exercises State powers of prosecution and may institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed.
3.  He has powers to take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority.
4. He has powers to discontinue at any stage, before judgment is delivered, any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions.

THE PUBLIC SERVICE

​The public service includes all state organs in both levels of government and all state corporations.

Values and principles of public service

1. High standards of professional ethics.
2. Efficient, effective and economic use of resources.
3. Responsive, prompt, effective, impartial and equitable provision of services.
4. Involvement of the people in the process of policy making.
5. Accountability of administrative acts.
6. Transparency and provision to the public, of timely, accurate information.
7. Fair competition and merit as the basis of appointments and promotions
8. Representation of Kenya’s diverse communities.
9. Providing adequate and equal opportunities for appointment, training and advancement at all levels of the public service, for women and men, members of all ethnic groups and persons with disability.

The Public Service Commission.

This is the body charged with the responsibility of recruiting, promoting and managing the affairs of the public servants in Kenya in order to make it a motivated and an efficient workforce.
 
The commission consists of a chairperson, a vice chair person and seven other members appointed by the president with the approval of the National Assembly.
 
The commission has a secretary who is the CEO and is appointed by the commission for a term of five years and is eligible for re-appointment.
The following persons do not qualify for appointment to the commission;
A person who in the proceeding five years, held office, or stood for elections as; 

1. A member of parliament or the county assembly.
2. A member of the governing body of a political party.
3. If the person holds any state office.
4. A holder of an office in a political organization that sponsors or supports a candidate for election as Member of Parliament or county assembly.

Functions and powers of the Public Service Commission.

1. The Commission is responsible for establishment and abolishment of offices in the public service.
2. It appoints persons to hold or act in Offices in the public service and confirm appointments.
3. It exercises disciplinary control over and removes persons holding or acting in public offices.
4. It promotes the values and principles throughout the public service.
5. It investigates monitors and evaluates the organization, administration and personnel practices of the public service.
6. It has the duty to ensure that the public service is efficient and effective.
7. It develops human resources in the public service.
8. It reviews and makes recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service.
9. It evaluates and reports to the President and Parliament on the extent to which the values and principles that govern public service are complied with in the public service.
10. It hears and determines appeals in respect of county governments’ public service.

 
Offices in the public service that are exempted from the regulation and control of the public service commission;

1. State offices.
2. An office of high commissioner, ambassador or other diplomatic or consular representative of the republic.
3. An office or position subject to:
   1. The Parliamentary Service Commission.
   2. The Judicial Service Commission.
   3. The Teachers Service Commission
   4. The National Police Service Commission.
4. An office in the service of a county government, with the exception of powers to create and establish offices. 

The commission can not appoint a person to hold office or act in any office on the personal staff of the president or retired president, except with the consent of the president or retired president.

Ways in which a public officer is protected by law while in service.

1. A public officer shall not be victimized or discriminated against for having performed the functions of office in accordance with the Constitution.
2. ​He/she shall not be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law.

Organs of national security.

National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity.
 
Principles that promote and guarantee national security in Kenya.

1. National security is subject to the authority of the constitution and parliament.
2. Operations of national security must be consistent with the law and must respect the rule of law, democracy, human rights and fundamental freedoms.
3. In performing their functions and exercising their powers, national security organs must respect cultural diversity of the communities within Kenya.
4. Recruitment by the national security organs must reflect the diversity of the Kenyan people in equitable proportions.

National security organs in Kenya.

The national security organs are; 

1. The Kenya Defence Forces.
2. The National Intelligence Service.
3. ​The National Police Service.

National Security Council

​This is a body whose main responsibility is to exercise supervisory control over national security organs

Composition of the National Security Council

The Council consists of

1. The President.
2. The Deputy President.
3. The Cabinet Secretary responsible for Defence.
4. The Cabinet Secretary responsible for foreign affairs.
5. The Cabinet Secretary responsible for internal security.
6. The Attorney-General.
7. The Chief of Kenya Defence Forces.
8. The Director-General of the National Intelligence Service.
9. ​The Inspector-General of the National Police Service.

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Functions of the National Security Council in Kenya.

1. It exercises supervisory control over national security organs.
2. It has duty to integrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and function effectively.
3. It makes assessment and appraisal, the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities.
4. The Council reports annually to Parliament on the state of the security of Kenya
5. With the approval of Parliament, The Council is responsible for deploying national forces outside Kenya for regional or international peace support operations; or other support operations.
6. ​It approves the deployment of foreign forces in Kenya.

The Kenya Defence Forces.

The Kenya defence Forces comprises; 

1. The Kenya Army, established in 1963 and which protects the country against external land-based aggression.
2. The Kenya Air force, established in 1963, disbanded in 1982 and renamed 82 Air force. It helps in the control of locust invasion.
3. The Kenya Navy, based in Mombasa and created in 1964, patrols Kenya’s territorial waters and is always on the alert for sea-borne invasions, and for illegal landings and departure, and unauthorized fishing by foreign vessels in Kenyan waters.

Functions of the Kenya Defence forces.

1. The Defence Forces are responsible for the Defence and protection of the sovereignty and territorial integrity of the Republic.
2. They assist and cooperate with other authorities in situations of emergency or disaster.
3. They may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
4. The forces also assist in the preservation of internal security. For example the handling of the attempted coup by the Kenya Army in 1982.
5. They participate in nation building activities such as road and bridge construction.
6. The military also assists the public during emergencies and calamities such as floods, famine, fire outbreaks, landslides and other disasters. For example during the El Nino rains-construction of mobile bridge on Mombasa-Nairobi highway.
7. The Navy specializes in detecting and fighting off criminals who use water masses like the Indian Ocean to commit crimes within the Kenyan territory. E.g. Somali Pirates.
8. The Kenya Army takes part in peacekeeping Missions, such as the United Nations peacekeeping operations in different parts of the world and also the African Union and Commonwealth.

The Kenya Defence Council.

Its composition is as follows; 

1. The cabinet secretary responsible for defence is the chairperson.
2. The Chief of the Kenya Defence Forces. 
3. The Three Commanders of the defence forces.
4. The Principal Secretary in the ministry responsible for defence. 

Functions. 
It is responsible for the overall policy, control and supervision of the Kenya Defence Forces.

Challenges facing the Kenya Defence Forces.

1. There has being cases of indiscipline, such as the abortive coup attempt in 1982.
2. There have been rampant cases of corruption facing some members of the Kenya Defence Forces, especially on matters of recruitment of new members into the defence forces, purchase of military and police equipment and deployment of officers on specialized duties.
3. Tribalism, regionalism and nepotism have also been experienced in the Kenya Defence Forces, thereby demoralizing hardworking officers who are left out unfairly during promotions.
4. Sometimes the Kenya Defence Forces faces the problem of lack of adequate funds to equip the forces with good equipment to facilitate their work.
5. The majority of the military personnel are not provided with opportunities to acquire further education.
6. Piracy and militia attacks and raids at the Kenyan Borders also present a major security challenge to the Defence Forces.
7. Invasion of Kenya’s territorial waters by foreign fishermen and foreign fishing vessels from the big nations challenges the ability of the Kenya Navy to curb illegal fishing.
8. The location of Moi Airbase at Eastleigh presents a big challenge to the air force. The Airbase was built by Britain in 1964 when the population in the area was scarce. Today the area has human congestion
9. ​The defence forces also face challenges related to allegations on violations of human rights. After the 2008 elections violence, the Kenyan Army was deployed to restore peace in Mt. Elgon, where they were accused of violating human rights by killing people, destroying property, and sexually assaulting women.

The National Intelligence Service.

​Initially called the Special Branch, This is an independent civilian government agency dedicated to protecting the national security interests of Kenya and safeguarding its citizens from threats such as terrorism and corruption.

Function of the National Intelligence Service

1. It is responsible for security intelligence and counter intelligence to enhance national security.
2. It liaises with the National police CID to investigate some of the threats that have criminal implications e.g. terrorism. And lay the appropriate charges.
3. Information gathered by the NIS assists the government in decision –making and planning.
4. ​The NIS in its operations protects human rights issues and the individual freedoms.

Challenges facing the National Intelligence Service.

1. Lack of trust from Kenyan citizens. The citizens are reluctant to provide information to NIS as they view it not to be any different from the former Special Branch which was known to be a tool of oppression and torture.
2. The body lacks financial credibility and political independence. The extent to which NIS is Neutral in its handling of sensitive affairs is questionable.
3. Lack of a clear distinction between accountability and necessary secrecy has sometimes brewed tension. It is difficult to audit the activities of the Body just like any other government organization, due to the nature of its tasks.
4. The growing volumes and complexity of communications presents a significant security challenge for national intelligence and government agencies that seek to intercept, process monitor and analyze it.
5. External and internal threats for example Al-shabaab militia from Somalia, Merille Warriors from Ethiopia and Al-Qaeda attacks. Internally, the refugees hosted in Kenya and the illegal migrants from Somali and Sudan are also a threat. The problem of drug trafficking is also a threat.
6. Continuous capacity building training is a necessity, given the complexity of the task. However this remains a challenge.
7. Limited financial and human resources since inadequate funds are allocated to the service. This limits its operations. Sometimes even the staff employed is incompetent.
8. Political interference- with the aim of using the service to gain political mileage.
9. Ignorance of the Kenyan people on the kind of tasks the service undertakes and the advice it gives to the government. For example, anytime the country has been faced with tension or violence as was the case in 2008, the public seem not to understand the role of NIS.
10. ​The organ does not have implementation powers and is limited in terms of the ability to follow up an implementation of the advice given to the government.

The National Police Service.

The East African Protectorate Police was first created in the 1890s. In 1920, it was renamed the Kenya Police. In 1953, control of the entire police force was placed under the Commissioner of Police. The National Police service was established in 2010 with a mandate to function throughout Kenya.
 
It is headed by the Inspector-General who appointed by the president with the approval of the parliament.
 
He / She exercises independent command over the national police service The National polices Service Consists of;
 

1. The Kenya Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations.
2. The Administration Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations.

Functions of the National Police Service

1. The National Police Service is responsible for the operations of the Kenya police service and the Administration police service in Kenya.
2. It has the duty of ensuring the highest standards of professionalism and discipline among its members.
3. It has the duty to prevent corruption and promote and practice transparency and accountability.
4. It has the duty to ensure that organs operating under it comply with constitutional standards of human rights and fundamental freedoms.
5. It ensures that the staff is trained to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity.
6. It fosters and promotes relationships with the broader society.

Functions of the police service (Kenya police service and administration police service).

1. The police maintain law and order to ensure that those who break the law are arrested.
2. The police protect the law in order to safeguard both life and property.
3. It investigates crime and prosecutes offenders in the court.
4. The police confines suspected criminals in remand as they await the hearing and judgment of their cases in the court.
5. The police regulate traffic and arrests traffic offenders. They also check for defective or unroadworthy vehicles on the road in order to safeguard life.
6. Provides assistance and relief services to victims of natural calamities such as floods, fire outbreaks and other emergencies.
7. Takes part in national projects such as road construction, bridges, hospitals and other national facilities.
8. The police take a leading role during public holidays. They control the crowd and entertain people.
9. They liaise closely with international police (Interpol), in order to investigate and arrest international criminals such as terrorists and notorious Somali pirates.

Challenges facing the National Police Service

1. The police lack adequate transport and communication equipment necessary to discharge their duties. Lack of facilities such as radios, motor vehicles etc.
2. Frequent road accident and congestion on roads add pressure to police work.
3. Many members of the public in Kenya have Negative attitude towards the police making it difficult for them to discharge duties.
4. Poor conditions of work and remuneration demotivates the police force.
5. The police force has been accused of Corruption, sometimes demanding for money from the public. This undermines the maintenance of law and order.
6. Easy access to dangerous and sophisticated weapon by criminals makes police work more difficult.
7. Terrorism is a serious challenge to the police in Kenya. Some of the terrorists have targeted members of the police force.
8. Political interference in the work of the police compromises the integrity of the police force.
9. Modernization and advancements in ICT also some with major challenges for the police. Incidents of cyber crimes have escalated in the world, including kenya.
10. Lack of regular – in service training for police officers to cope with emerging challenges. This challenge is even compounded by the problem of recruiting of people with low academic qualifications into the force and who can’t deal with sophisticated cases.

The National Police Service Commission. 
The structure of the National Police Service Commission.

The Commission consists of the following persons, each appointed by the President; 

1. A person who is qualified to be appointed as a High Court Judge, and who is appointed by the president.
2. Two retired senior police officers, each of whom is appointed by the president.
3. Three persons of integrity who have served the public with distinction, each of whom is appointed by the president.
4. The Inspector-General of the National Police Service.
5. Both Deputy Inspectors-General of the National Police Service.

Functions of the National Police Service Commission

1. The Commission recruits and appoints persons to hold or act in offices in the service.
2. The commission confirms appointments, and determines promotions and transfers within the National Police Service
3. ​It observes due process, exercises disciplinary control over and removes persons holding or acting in offices within the Service.

Possible solutions to challenges facing the national security organs.

1. The security organs have acquired modern telecommunication equipment and vehicles to improve transport and communication in the security force.
2. Introduction of the post of public Relations Officer/ Spokesman in the organs to coordinate and disseminate information.
3. Raising of qualification requirements for anybody aspiring to join the security organs. This has paved way for employment of university graduates in the forces.
4. Introduction of professional training programmes for officers with the aim of improving the effectiveness of the organs of national security.
5. The terms and conditions of service for the members of the security organs have been improved
6. Community policing has-been introduced to help the security forces to get information from the public through hotlines and suggestion boxes.
7. There is increased patrolling by the Kenya navy as far north as Somali border to address maritime defence more seriously.
8. ​The aviation experts have recommended the relocation of Moi Airbase from its current location which id congested.

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Correctional services.

The Correctional service Department in Kenya has its origins in the adoption of the India Prisons Act in Kenya in 1894 by the colonial government. Initially, prisons were under the supervision of the provincial Administration. 
In 1963 the Prisons Act was enacted to harmonize the treatment and conditions of offenders in
Kenya’s penal institutions. The Act’s milestone provisions were; 

1. Youth corrective training centres
2. Extra-mural and penal employment
3. Provision for organization, discipline, power and duties of prisons officers. Correctional services in Kenya are provided by the former Kenya Prisons Service. 

The Kenya Prisons Reform Programme in 2001 adopted The Open Door Policy under which the following reforms were initiated. 

1. Interactive collaboration with all stakeholders in the administration of criminal justice such as courts of law and members of the National Police Service.
2.  Improvement in the management and conditions of the prisons, including rehabilitation programmes, with a view to empower prisoners with knowledge and skill, hasten their reintegration into society and empower them to be law abiding citizens upon release.

The functions of Correctional Services in Kenya.

1. They Rehabilitate/correct criminals through counseling.
2. They deter known criminals from committing other crimes.
3. They administer Punishment to sentenced criminals as prescribed by the court rulings-implement the decisions of the courts regarding treatment of prisoners.
4. They confine prisoners convicted by the courts of law to ensure that the rights and freedoms of the public are protected.
5. They provide vocational training for prisoners in fields that they make them productive citizens of the country at the end of their jail term.
6. They keep watch over he behaviors of suspected criminals whose cases are still pending in the law courts.
7. They take care of the welfare of prisoners by providing them with the necessary medical attention.
8. ​They confine suspected dissidents who are a threat to state security.

Challenges facing correctional services in Kenya

1. The challenge of overcrowding in prisoners on the rise, overcrowding in correctional facilities has been inevitable. This results in poor living and sanitation conditions for inmates.
2. Disease outbreak is a very common problem in our prisons mainly caused by inadequate and congested facilities. HIV and AIDS is rampant in prisons
3. Mistreatment of inmates by warders. This has once happened at Kingongo when some inmates were allegedly tortured and killed by warders when they attempted to escape.
4. Food shortage, inadequate medical facilities and poor clothing further compound the situation in prisons. 

The following reforms have been undertaken to improve the conditions of correctional services in Kenya.

1. Improvement in the quality of food, medical services and living conditions for prisoners.
2. Provision of sufficient beddings and clothing.
3. Introduction of extra-mural Penal employment for petty offenders to ease congestion in the prisons.
4. There has been supply of new and comfortable motor vehicles for efficient transport in the correctional services department.
5. Petty offenders have been constantly released to ease congestion in prisons. For example the release of a record 11,500 prisoners in December 2003. Death row inmates who have also been in jail for over ten years have been released.
6. Easing of access to prisons/visits by members of the public/relatives.
7. Introduction of public Relations office to disseminate information.
8. Streamlining the hearing of cases with a view of keeping prisoners in remand for a short period before sentencing them.
9. The national government has also become directly involved the affairs of those receiving correction services.

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