This study examines the implementation and effectiveness of community services order and rehabilitation of offenders within the context of Eldoret of Uasin Gishu County, Kenya. The specific objectives were: to assess the effectiveness of community service programme in rehabilitating offenders; to highlight the communities attitudes and perceptions towards community service; to investigate the kind of crimes /offences committed by people who are sentenced by courts to do community service; to evaluate the general and salient challenges facing the correctional agenda of community service programme; to identify the constraints faced by offenders in the work placement agencies.
The data for this study was collected from primary and secondary sources. The study comprised of a random sample of 220 respondents composed of male serving offenders’, women serving offenders, men who completed serving and women who completed serving. The focus group discussion participants included 8 community members, 8 victims and 4 local chiefs. A cross- sectional survey based on sample of eleven major estates was applied (Huruma, town Centre, Maili Nne, Mwanzo, Kamukunji, West Indies, Kipkaren, Pioneer, Langas, Chepkoilel and Air strip) within Eldoret Municipality. The data from completed questionnaires were cleaned, coded and entered into the computer and analyzed using the statistical package for social sciences (SPSS). The study findings indicates that the community service is an effective way of creating a favourable environment for the victims and offenders to reconcile.
The study also confirmed that the community service programme was an alternative measure to imprisonment and accelerates reconciliation between offenders with their victims as well as with their communities. This facilitates their reintegration into the community. Additionally, the finding established the need for community service programme as a non-custodial measure that should further be strengthened and supported by the government and stake holders. The implementation of such programme should be seen as responsibility of every Kenyan and endeavours should be made for its success as a new intervention to replace physical imprisonment. Since the area under study is representative, of the community service order implementation in Kenya; the finding have a potentiality for national application. The study adds knowledge to the area of community service order as a penal reform measure.
Table of Contents
1.0 CHAPTER ONE: INTRODUCTION
1.1 Background to the Study
1.2 Statement of the Problem
1.3 Research Questions
1.4 The Objectives of the Study
1.5 Hypotheses prepositions
1.6 Justification and Significance of the Study
1.7 Scope of the Study
1.8 Outline of Chapters
2.0 CHAPTER TWO: LITERATURE REVIEW AND THEORETICAL FRAMEWORK
2.1 Introduction
2.2.1 Historical Background of Punishment
2.2.2 Various Perspectives of Punishment
2.2.3. Punishment as Retribution
2.2.4 Punishment as Deterrent
2.2.5 Punishment as a Rehabilitative Measure
2.2.6 Desistance rehabilitative measures
2.3 Development of Community Service: International Perspective
2.3.1 Community Service Experience in North America
2.3.2 Community Service Experience in New Zealand and Australia
2.3.3 Community Service Experience in Western Europe
2.3.4 Community Service in Ireland
2.3.5 Community service experience in Zimbabwe
2.3.6 Community service Experience in Uganda
2.4 The Kenyan Experience with Community Service
2.4.1 Prison reforms in Kenya
2.4.2 Probation Sentences as a means of decongesting prisons
2.5 Gaps in literature
2.6 Reparation and Restorative Justice
2.7 Theoretical framework
2.7.1 Behaviourist Theories in Working with Offenders
2.7.2 Social Learning theories
2.7.3 Social Cognitive Theory
2.7.4 Pro-Social Modelling
3.0 CHAPTER THREE: RESEARCH METHODOLOGY
3.1 Introduction
3.2 Geographical Location of the Study Area
3.3 Research Design
3.4 Target Population
3.5 Sampling procedure and sample Size
3.5.1 Sample Size
3.6 Methods of data collection
3.6.1 Interview schedule
3.6.2 Interview guide
3.6.3 Observation
3.6.4 Focus Group Discussions
3.6.5 Key Informant Interviews
3.7 Reliability and validity of Research Instruments
3.7.1 Validity of Research Instruments
3.7.2 Reliability of research Instruments
3. 8 Methods of Data Analysis
3.9 Problems encountered in the field
3.10 Ethical considerations
4.0 CHAPTER FOUR: PRESENTATION AND DATA ANALYSIS
4.1 Introduction
4.2 Background information of the respondents
4.2.1 Sex of the respondents
4.2.2 Age of the Respondents
4.2.3 Marital Status of the respondents
4.2.4 Level of Education of the respondents
4.2.5 Occupational Status of respondents
4.3 Community Service Order
4.3.1 Respondents' Knowledge of community service order
4.3.2 Kinds of Offences Committed by Community service offenders
4.4 Community's, stakeholders Attitudes and Perceptions towards Community Service
4.4.1 Attitudes To Community Service Order
4.4.2 Key Informants Perception towards Offenders on Community Service
4.4.3 Perception of Victims towards Community Service Order
4.4.4 Perception of Offenders and Ex-offenders regarding Community Service
4.4.5 Benefits/Strength of the Community Service Programme
4.4.6 Benefit to the Community
4.4.7 Benefits to the Offender
4.4.8 Community service programme as a way of reconciliation between offender and the victim
4.4.9 Preferred mode of sentence in the judicial system
4.4.10 Offenders prior knowledge on community service order
4.4.11 Community service and reformation of the offenders
4.4.12 Recommended Offenders for Community Service Intervention
4.4.13 Weaknesses of the Community Service Programme
4.5 Overall Effectiveness of the Community Service Programme
4.5.1 The Community
4.5.2 The Victims
4.5.3 The Offender
4.5.4 The Judiciary
4.6 Critical appraisal of community service and rehabilitating offenders
4.7 Challenges facing Community service programme
4.8 Research prepositions
5.0 CHAPTER FIVE: SUMMARIES OF THE FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
5.1 Introduction
5.2 Summary of the findings
5.3 Conclusion
5.4 Recommendations
5.5 Suggestion for further study
Research Objectives and Core Themes
This study aims to investigate the operationalization of the Community Service Order and the rehabilitation of offenders in Eldoret Municipality, Uasin Gishu County, Kenya. It evaluates the effectiveness of this non-custodial sentencing option in reducing recidivism, its role in offender rehabilitation, and the attitudes of various stakeholders—including community members, victims, and judicial officials—towards this model compared to traditional imprisonment.
- The effectiveness of community service in offender rehabilitation and reformation.
- Community and stakeholder perceptions, attitudes, and levels of acceptance toward the program.
- Patterns of offenses eligible for and commonly addressed by community service.
- Challenges hindering the effective implementation of the correctional agenda in the community.
- Constraints faced by offenders during their work placement within the community.
Excerpt from the Book
1.1 Background to the Study
Community service programme is the newest mode of sentencing option in the administration of justice in Kenya. It is a non-custodial sentence for non-serious offenders, and any court of law as discretion to convict an offender into this sentence (Riechi, 2004). The efficacy and effectiveness of community service order is examined in this study. The concept of what constitute a crime is influenced by culture and historical perspectives. Some actions are criminal in one culture but not in others. In Egypt and Sudan female circumcision is legal while, in England and many other countries it is prohibited. Changes overtime in our ideas of what does or does not constitute a crime reflect humanitarian concerns, scientific advancement, industrial progress as well as increased affluence. Crime thus can be considered as a social construct, a product of social and cultural influence rather than a universal truth (Mushanga, 1976).
The consensus view states that a society’s legal system is based on an agreement amongst most of its members about what behaviours will not be tolerated and should therefore warrant punishment (Russel,1992). This view sees the aim of a legal system as a means of preserving a stable society and is more or less of equal benefit to all its citizens. The conflict view (Russel, 1992) a sociological approach rooted in Marxism philosophy of 1875, takes a very different approach, which maintains that law benefits some far more than it benefits others. According to this approach, there are many competing groups within the society, groups such as the unions, industrialists and professional bodies which are in conflict with each other because some people are wealthy and powerful than others. Criminal laws exist to protect the rich and powerful from the remainder of the population. In this premise, the ruling group secures its interest at the expense of the underprivileged members in a society (Russel, 1992; Dwyer, 2001).
Summary of Chapters
1.0 CHAPTER ONE: INTRODUCTION: This chapter introduces the study, outlines the background, research questions, objectives, and significance of examining community service in Kenya.
2.0 CHAPTER TWO: LITERATURE REVIEW AND THEORETICAL FRAMEWORK: Provides a historical overview of punishment, international perspectives on community service, and relevant sociological and behavioral theories supporting rehabilitation.
3.0 CHAPTER THREE: RESEARCH METHODOLOGY: Details the research design, target population, sampling methods, and instruments used to collect data in Eldoret Municipality.
4.0 CHAPTER FOUR: PRESENTATION AND DATA ANALYSIS: Analyzes the empirical findings gathered from the field, focusing on respondent demographics, attitudes, and the overall impact of the community service program.
5.0 CHAPTER FIVE: SUMMARIES OF THE FINDINGS, CONCLUSIONS AND RECOMMENDATIONS: Synthesizes the core research findings and provides actionable recommendations for policy makers and stakeholders to improve the efficacy of the program.
Keywords
Community Service Order, Rehabilitation, Recidivism, Non-custodial Sentencing, Penal Reform, Uasin Gishu County, Restorative Justice, Crime Prevention, Offender Reintegration, Judicial Policy, Community Participation, Social Capital, Criminal Justice Administration, Probation, Correctional Programs.
Frequently Asked Questions
What is the primary focus of this research?
The research examines the implementation and effectiveness of the Community Service Order as a non-custodial sentencing alternative in Uasin Gishu County, Kenya, specifically regarding its ability to rehabilitate offenders.
What are the central themes discussed in the study?
Key themes include the shift from custodial to non-custodial sentences, stakeholder perceptions of justice, the impact of community service on recidivism, and the role of social and family support in offender rehabilitation.
What is the main objective of the study?
The primary objective is to investigate the operationalization of Community Service Orders and to determine if this approach effectively facilitates the reformation and successful reintegration of minor offenders into society.
What methodology was employed by the researcher?
The study utilized a cross-sectional survey research design, gathering both qualitative and quantitative data through face-to-face interviews, structured questionnaires, focus group discussions, and field observations.
Which aspects of the program are treated in the main body?
The main body covers historical developments, international models of community service, detailed analysis of empirical data from Eldoret, and an appraisal of the challenges and benefits reported by various stakeholders.
Which keywords characterize this work?
The work is defined by concepts such as community service, offender rehabilitation, restorative justice, recidivism reduction, and the transformation of the Kenyan penal system.
How does the study define the role of the community in the rehabilitation process?
The study highlights that community involvement is crucial for providing meaningful work placements, offering social support, and fostering an environment where offenders feel accountable for their actions through restitution.
What conclusion does the author reach regarding the challenges of the program?
The author concludes that while the program is conceptually sound and beneficial, its implementation is hindered by lack of government funding, negative public perceptions of non-custodial sentences, and insufficient supervision infrastructure.
- Citation du texte
- Kiba Daniel Kurui (Auteur), 2008, A Study on Community Service Order in Uasin Gishu County in Kenya, Munich, GRIN Verlag, https://www.grin.com/document/490365
