On the 23rd of July 2024, former Juja Member of Parliament Aspirant Eunice Wanjiru Mugo popularly known for her slogan “Twende Kazi” was given a court sentence of 18 months community service for assaulting her sister-in-law over property ownership.
There are a number of other cases in Kenya that has seen accused persons sentenced to community service, meaning that accused persons can be released to the public allowing them to positively contribute to the community instead of serving prison term.
But what exactly is community service? And why is the justice system choosing it as a reformation strategy?
According to Section 3 of the Community Service Orders Act (1998), Community Service is a form of non-custodial sentencing that rehabilitates a person as they benefit the community concurrently, because those sentenced provide free communal labour for their community.
This applies to convicts whose cases are “manageable” to mean that they can be released to the public allowing them to positively contribute to the community instead of being held in prison.
The Act states that “Community service shall comprise unpaid public work within a community, for the benefit of that community, for a period not exceeding the term of imprisonment for which the court would have sentenced the offender.”
What crimes?
One might wonder… what type of offences may land you a community service sentence?
Persons committing petty crimes are often subjected to community service. Some of the ‘minor offences’ are: loitering, failing to pay a ‘small’ debt, idling or even being a disorderly person.
Some of the factors considered by courts before sentencing one to community service are: decongesting prisons, assisting offenders in maintaining family ties, enabling offenders to continue with their economic activities, reducing stigmatization of offenders, rehabilitation of offenders, providing free labour or saving institutions money, reconciliation and reintegration of offenders, victims and the community, crime deterrence, preventing hardening of petty offenders, impacting skills to offenders and providing alternative to imprisonment and fines for offenders who can’t afford.
However, there are crimes that one cannot be sentenced to Community Service. The Community Service Act shall not apply to a person who is convicted under the following legislation in Kenya;
(a) the Anti-Corruption and Economic Crimes Act, 2003 (No. 3 of 2003);
(b) the Sexual Offences Act, 2006 (No. 3 of 2006);
(c) the Prohibition of Female Genital Mutilation Act, 2011 (No. 32 of 2011);
(d) the Prevention of Terrorism Act, 2012 (No. 30 of 2012);
(e) the Proceeds of Crime and Anti-Money Laundering Act, 2009 (No. 9 of 2009); or
(f) the Bribery Act, 2016 (No. 47 of 2016).
Terms of Community Service
Despite the sentence sounding so calm and lenient, it still has rules hovering around it,
The Act stipulates that public work shall include but not be limited to— construction or maintenance of public roads or roads of access; afforestation works; environmental conservation and enhancement works; projects for water conservation, management or distribution and supply; maintenance work in public schools, hospitals and other public social service amenities; work of any nature in a foster home or orphanage; and rendering specialist or professional services in the community and for benefit of the community.
The nature or type of public work shall, in any particular case, be determined by the court after consultation with the community service orders committee.
Obligations of person subject to community service
A person who is subject to a community service order is required to report to the supervising officer specified in the order for assignment of work.
He or she shall report to the supervising officer any change of address which may occur from time to time.
Ideally, a supervising officer is advised to avoid giving instructions — under the community service order — that conflict with the offender’s religious beliefs.
“If an offender commits a breach of or fails to comply with any of the conditions or requirements of a community service order, the court may, on the application of the area community service officer or supervising officer, issue summons to the offender to appear before the court at the time specified in the summons or issue a warrant of arrest for the offender to be arrested and brought before the court…,” the Act reads in part.
In this case, the court may caution the offender and require him or her to comply with the order. The court can also revoke the order and impose any other sentence under the law as the court deems appropriate.
