ii.
Rehabilitation
treatment and alternatives for drug-related offences; and
strengthening access to legal aid.
Including social reintegration programs for prisoners
during imprisonment and post-release support services
upon release.
According to Ms. Wachira, the Constitution of Kenya has provided different
provisions for the welfare of prisoners in which the Constitution is the supreme law
of the Republic of Kenya and binds everyone and all State Organs at both levels of
government52 and the general rules of international law shall form part of the law of
Kenya53. She further stated that any treaty or convention ratified by Kenya shall form
part of the law of Kenya54 under the Constitution in which the rights and fundamental
freedoms in the Bill of Rights55 are implicitly applied to prisoners.
Ms. Wachira further elaborated those fundamental rights and freedoms56 in the Bill
of Rights that may not be limited despite other provisions in the Constitution
including to prisoners are:
i. Freedom from torture and cruel, inhuman, or degrading treatment or
punishment.
ii. Freedom from slavery and servitude.
iii. Right to a fair trial.
iv. Right to an order of habeas corpus.
Ms. Wachira had also highlighted a list of other rights relating to persons in lawful
custody as enshrined in the Bill of Rights such as below:
i. Human dignity in which every person has inherent dignity and the right to
have the dignity, to be respected and to be protected.57
ii. Right to freedom and security.58
iii. Economic and social rights including healthcare, adequate housing,
adequate food, clean water, social security, education, emergency medical
treatment.59
iv. Access to justice.60
v. Rights of an arrested person.61
Ms. Wachira also underlined specific rights in the Bill of Rights that cannot be limited
whether one is a prisoner or a free person such as rights of persons detained, held in
custody, and imprisoned62:
52
Art. 2(1)
Art. 2(5)
54
Art. 2(6)
55
Art. 19(3)
56
Art. 25
57
Art. 28
58
Art. 29
59
Art. 43
60
Art. 48
61
Art. 49
62
Art. 51
53
31