Appraisal of the Provisions of Section 4 (B) of the Borstal Institutions Act Cap 92 Laws of Kenya to Children in Conflict with the Law at Shikusa Borstal Institution in Kakamega County, Kenya

Christopher Dennis Mbetera, Nicholas Ombachi, Patricia Kariaga

Abstract


The study focuses on the appraisal of reform training as stipulated in section 4 (b) of the Borstal Institutions Act Cap 92 of the Laws of Kenya for juveniles in conflict with the law. The reform trainings recommended for the juvenile offenders by the Borstal Institutions Act include educational, industrial, and agricultural training. With modernization and industrialization, the magnitude and complexity of crimes committed by juvenile offenders have changed over time and the population increase has led to noticeable increase in juvenile delinquents in both developed and developing nations. This state of affairs has prompted governments and other international institutions such as the United Nations to develop measures to address the increasing number of Juveniles who are in conflict with the law. Due to their young age, children who are in conflict with the law may not possess the maturity to realize the extent of their acts; they should therefore not be exposed to the company of adult offenders since it is likely to have an aggravating impact on them.  The specific objective of the study was to to assess the needs of juvenile offenders undergoing training in Shikusa Borstal Institution in Kakamega County, Kenya. The study used stratified random sampling to identify sample of 100 juvenile offenders and 18 instructors and teachers, Data was collected using questionnaires and interview schedules. This was a mixed research study focusing on human behavior examining their attitude, ideas, motives and intentions.  The study comprised of a sample size of 99 Juvenile offenders in Shikusa Borstal Institution, 18 teachers/instructors of the institution. Study data was analyzed and presented using descriptive statistics with the aid of the statistical package for the social sciences (SPSS) version 23 for windows. Study findings revealed that reform trainings met the needs of offenders in Shikusa Borstal Institution thereby having a positive influence on their reform. The study therefore recommended that juvenile offenders be involved at the onset in the selection of training before they were enrolled since it emerged that some offenders were not interested in the reform training assigned.

Keywords: Provisions, Section 4 (b), Borstal Institutions Act Cap 92 Laws of Kenya, Children, Conflict with the Law

DOI: 10.7176/PPAR/11-8-03

Publication date:October 31st 2021


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ISSN (Paper)2224-5731 ISSN (Online)2225-0972

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