1. GUYO, STEPHEN GUMI: THE RIGHT TO EDUCATION AS A TOOL IN THE REHABILITATION OF PRISONERS: A STUDY OF KAMITI PRISON, KENYA
The main objective of this study is to explore the right to education as an effective rehabilitative instrument in prison. It sought to investigate the effect of education on rehabilitation of prisoners; the relationship between education and recidivism; the role of education towards inmate’s re-entry into society; and the challenges faced in the implementation of education in prison.
The study adopted a descriptive research method with a target comprising of 2000 prisoners, community leaders (10), families of prison inmates (10) and prison administrators (20). The purposive sampling techniques and the simple random sampling method were used in determining the members of the sample group and focused group discussion respectively.
Both primary and secondary data sources were used and the data collected was exposed to qualitative and quantitative method of analysis. The descriptive statistical tools such as SPSS and MS Excel are used to present the data in the form of tables and charts. Percentages and frequencies are used to make the interpretation of the findings.
The investigation establishes that an overwhelming number of prisoners, (95%) recognize the presence of education program in prison while 77% of respondent agree that education in prison is easily accessible. It is thus concluded that education in prison provides prisoners with time to think, grow and reflect on the past life and imagine a future of possibilities. It is further concluded that prison education provided an opportunity for employment; an avenue for one to turn his life around for better and a door for smooth transition to society.
The study therefore recommended that, the prison department should sensitize the community about the role of prison to enable society understand prison and improve the image of the department which in the long run helps prisoners in their transitional back to society. Prison authority should employ more trained and qualified teachers to cater for education needs of the prison population while developing follow-up programs and monitoring the progress of those released to society.
2.OCHIENG, GEORGE OYOMBRA: IMPACT OF PRISON REFORMS ON INMATES’ RIGHT TO HEALTH: A CASE STUDY OF KAMITI MAXIMUM SECURITY PRISON
This study investigated the impact of prison reforms on inmates’ right to health. The study was based at Kamiti Maximum Security Prison. The main objectives of the research were; to assess the adequacy of health infrastructure at Kamiti Maximum Security Prison, establish how prison authorities comply with various instruments on inmates rights to health, examine the role of non state actors in the promotion of inmates’ right to health and establish policy options for efficient promotion and protection of inmates’ right to health. The implementation of prison reforms is basically a response to extreme violations of human rights of those serving custodial sentences. As observed by Coyle, (2012), reports indicate several abuses on inmates including; flagrant denial of sick inmates access health services, violent and sometimes fatal assaults on inmates, poor hygiene and sanitary conditions in prisons; serving of poor quality food and general overcrowding of inmates in accommodation wards. This literature establishes the grounding upon which health services should be delivered to inmates. Data of the study was collected from primary and secondary sources using observation, questionnaires and interview schedules. A total of 183 respondents, who included inmates, correctional practitioners and experts were sampled for interviews. The information collected was analyzed using qualitative and quantitative techniques. The study found out that Kenya Prison Service has engaged in partnerships which has greatly improved inmates’ right to health through funding and health infrastructural development. The study concluded that prison reforms have had positive impacts on inmates’ right to health.
3. ORAMINI, DAVID: THE IMPACT OF COUNTER-TERRORISM OPERATIONS ON HUMAN RIGHTS IN KENYA
A recurrent issue in the fight against terrorism has been, relating to the respect for human rights. All those who have worked to promote human rights in both domestic and international have realized the rise in the incidents of human rights violation during the fight against terrorism. From 1998, Kenya has suffered several terrorist attacks in which large numbers of people have been killed and others injured. The raises awareness on the impact of terrorism on the enjoyment of human rights and fundamental freedoms, explains the role of the state on human rights when countering terrorism, and illustrate specific human rights violations in the context of counter-terrorism. Qualitative and Quantitative research design was used in the study. The target population of the study was the staff working at the Kenya National Human Rights Commission headquarters and the officers from Anti-Terrorism Police Unit. The sample size was fifty percent of the population thus 82 respondents. Quantitative data collected was analyzed by use of descriptive statistics by help of SPSS (V. 17.0) and presented through frequencies, percentages, and standard deviations. The study established that terrorism leads to loss of life and property and threatens the dignity and security of human beings. This study therefore recommends that everybody should be involved in counterterrorism by providing necessary information to the concerned authority. In addition the study showed that the government of Kenya should ensure that there are no illegal immigrants and the need for proper screening and enhanced checking and monitoring all those coming into Kenya from other countries.
4. SATI, WASHINGTON OPIYO: CHILDRENS RIGHTS TO EDUCATION: A CASE OF CHILDREN WITH DISABILITIES IN NAIROBI COUNTY
Children with disabilities have an equal right to an inclusive, quality and free primary education and lower secondary education. These rights are set out in the national, regional and international human rights instruments. Yet, thousands of children with disabilities in Nairobi County are out of school for a number of reasons. This study was designed to describe and analyze the extent to which children with disabilities enjoy their fundamental human rights in terms of accessing to quality education in Nairobi County. The specific objectives of the study were; to analyze the trends of rights to education among children with disabilities, describe the extent to which children with disabilities enjoy their rights to education and analyzed whether education service providers and parents of children with disabilities are aware of the rights to education for children with disabilities. The study employed qualitative research method of data collection and analysis. Data was collected in three constituencies of Nairobi County; Dagoretti, Kibera and Embakasi. The findings of the study confirmed that children with disabilities do not enjoy their inherent right to education. A significant number of respondents (61%) indicated that school facilities such as toilets, classrooms and playgrounds are not accessible to their day to day learning needs. In addition, the findings of the study revealed that the vast majority of teachers (87%) reported that the current curriculum and examination procedures are not designed to meet the learning needs of learners with disabilities. Finally, the majority of respondents, both parents and teachers (95%) are not aware of any existing human rights laws that protect and promote access to education for children with disabilities in the study locations. The study therefore, recommended the need for a comprehensive human rights education and interventions for parents, teachers of children with disabilities and care givers as well as relevant education officials. The study also, recommended the need to institute an effective mechanism for preventing and reporting human rights violations in mainstream schools.
5. SIRANGA, CHRISTINE:ENTRENCHING CONSUMER RIGHTS IN THE ADVOCATES’ DISCIPLINARY SYSTEM IN KENYA
This study focused on the need to entrench consumer rights in the Advocates Disciplinary System in Kenya. It was limited to two main institutions involved in the discipline of advocates in Kenya, which are the Advocates’ Complaints Commission and the Advocates’ Disciplinary Tribunal. Attention was drawn to the correlation between increase in the number of complaints against advocates and weak institutions, the effectiveness of the institutions in promoting consumer rights and ways in which the institutions can be improved to entrench consumer rights.
The study was designed on a descriptive and analytic approach. Data was summarized using statistics and percentages used to quantify the level of efficiency. The study target was the complaint files available in the Advocates’ Complaints Commission and the Advocates’ Disciplinary Tribunal.
The findings from the study show that despite the existence of the Advocates’ Complaints Commission and the Advocates’ Disciplinary Tribunal the legal profession has seen a startling increase in malpractice among advocates in Kenya, that the two institutions have not being effective in the promotion of consumer rights and that there is need for reform of the institutions to make them compliant with the provisions of the Constitution of Kenya 2010 and the Consumer Protection Act 2012.
The recommendations from the research suggested that there is a need to significantly amend the Advocates Act to change the structure of advocates discipline in Kenya and broaden its focus in order to make it more consumer-oriented, decentralization of the Advocates’ Complaints Commission and the Advocates Disciplinary Tribunal services through the creation of regional offices to bring services closer to the people, employment of more staff at the Commission to deal with the workload and the introduction of a computerized case management system.
Consequently, the recommendations drawn from this research paper are not confined to the Advocates’ Complaints Commission and the Advocates’ Disciplinary Tribunal but also as a guide towards influencing policy in other related institutions throughout the country.