THE PROBATION SERVICE IN KENYA ITS ORGANISATION FUNCTIONING AND EFFECTIVENESS

Abstract

This was an exercise in testing +ho effectiveness of the Probation of Offenders in 'curing' crime. The substance of the dissertation is built on the basic assumption that crime is part of normal social behavior. Like all 0ther types of behaviour it can be motivated and increased, discouraged and reduced. It can be studied, understood, and means of effective 'cure' sought and applied. The data reveal that in modern society there are two sets of law working side by side. viz. the unwritten common law and the written statutory law. The analysis on the long term effectiveness of probation as a penal system reveals that where these two sets of law are complementary it is much easier to reduce crime or 'cure' it since the common law assists and reinforces the statutory law by exerting pressure or social control on the individual, but where the two sets are divergent , statutory Law has Iittle chance of success. The picture portrayed on the strength of the available data is that of some degree of success w.ith large clusters of ineffectiveness. Success is noticeable mostly in those situations where the general populace is exposed to diversified economic opportunities for improving their lot. Secondly, it is more successful in those areas of crime that the social system condemns, and so acts as 2' regulating force. Ineffectiveness on the other hand is associated with limited economic opportunities and poverty and associated socia-economic problems. The people develop and continue to engage in illegitimate means of satisfying their basic biological needs, and these are strongly adhered to and supported by the social system to the extent that probation treatment is but a waste. It has been recommended that to improve the performance of the service: (1) There is urgent need to study the respective social systems and the factors that influence criminality before proceeding to rehabilitation. (2) The common law be made to complement the statutory law. (3) Only qualified personnel be hired to handle the work of rehabilitation since fighting crime is an arduous task that demands thorough training in the field of Sociology, Psychology Psychiatry and Social Work. (4) There should be no goal displacement from the historical origin of penal systems. The overriding task of the service should be to cure crime and it is that goal that ought to be relentlessly pursued. (5) Research findings should assist the service to improve on its weak points, hence the need for subsequent surveys to supplement this first attempt.