The call for non-custodial sentences for petty offenders deserves attention from all players in the administration of justice. The use of what is officially known as the Community Service Order could help in rehabilitation of offenders, decongesting of prisons and implementation of national projects.

As Deputy President Rigathi Gachagua pointed out at a conference of top judges from various countries, most petty offenders are unemployed and cannot afford to pay  fines and their energies could be tapped for nation building even as they pay for their crimes.

These young people’s dreams remain deferred as they rot away in prisons for failure to pay fines. They include youths arrested for petty crimes. Their imprisonment is an emotional burden on their families and an expense to the government.

According to the Correctional Services Department, the government will save billions annually by commuting jail terms for such offenders to community service.

The government spends Sh270 daily to feed each prisoner or remandee, many of who are not gainfully engaged in any activity. Collectively, correctional institutions host nearly 60,000 people, many serving jail terms of two to three years.

Prisons are mandated to release prisoners under a probation programme after a demonstration of change of behaviour. Prisoners can be engaged in public good activities such as construction of roads, rehabilitation of markets, hospitals, conservation of the environment, response to emergencies and cleaning of government offices.

This aids in the reintegration of the offenders and changing of public perceptions about them while  equipping them with skills.

According to a report by the National Crime Research Centre, experts on punishment of criminals and the operation of prisons appreciate the critical role of non-custodial approaches to rehabilitation and supervision of petty offenders in crime prevention and management. 

 Non-custodial sentences can play a key role in assisting offenders to maintain family ties while enabling them continue with economic activities.

Moreover, their application has the potential of reducing stigmatisation of offenders and rehabilitating while also helping them to become responsible citizens when they deploy the skills they learn while serving their terms.