Governance and the Rule of Law – Policy, Legal and Institutional Reforms

To achieve the objectives set out under the Political Pillar, the following policy, legal and institutional reforms will be implemented.

• Policy Reforms
  In order to guide its decisions on the implementation of its programmes and projects, the sector will develop and oversee the implementation of the following policies:
• National Cohesion and Integration Policy;
• National Values and Principles of Governance Policy;
• National Legal Education and Training Policy;
• GJLOS Sector Policy;
• National Ethics and Anti-Corruption Policy;
• National Policy and Action Plan for Human Rights;
• The National Correctional Policy;
• The Gaming Policy;
• Prosecution Policy;
• Affirmative Action Policy (gender, disability, marginalized, special interest groups and minority);
• Victim of Offences Policy;
• Policing Policy;
• Access to Justice Policy;
• Sentencing and Bail Policy;
• Plea Bargaining Policy;
• Policy on Refugees and Migration;
• Policy on facilitating and regulating traditional dispute resolution mechanisms;
• Finalization of Urban Development Policy

 

• Legal Reforms
  The sector will undertake various legal reforms which will entail development, review and implementation of all legislations relating to reforms in governance, access to justice and rule of law. Some of the reform Bills and Acts that will be attended to will include:
• Bail Information and Supervision Act;
• Victim of Offenders Act;
• Aftercare Offenders Act;
• National Cohesion and Integration Act (2008);
• Legal Aid;
• Small Claims Court Bill;
• Plea Bargaining Bill;
• Refugee Evidence Act (Cap. 80);
• Communications Commission (Amendment) Act, 2008;
• Criminal Procedure Code, (Cap. 75);
• Prisons Act;
• Borstal Institutions Act;
• Transfer of Prisoners;
• Community Service Orders Act (No. 10 of 1998);
• Probation of Offenders Act (Cap 64);
• Civil Procedure Code;
• Petty Offender’s Bill;
• Court Bailiff’s Bill;
• Rights of Persons Deprived of Liberty Act; and
• Enforcement of Orders of Constitutional Commissions and Local Tribunals Act.
• Review of Urban Areas and Cities Act 2011
  In addition, and in order to ensure quality and consistency of delivery of legal services, the sector will:
• Establish quality assurance and control measures for providers of legal services;
• Undertake measures to streamline training, certifi cation, accreditation and remuneration of paralegals; and
• Establish guiding standards and code of conduct and institute reforms within the legal practice sector to deepen professionalism.

 

• Institutional Reforms
  During the plan period, the sector will enhance and sustain institutional reforms in the following institutions and services.
• Prosecution Services;
  Under prosecution services, the following strategies will be adopted: Absorption of police prosecutors to ODPP and professionalization of prosecutorial services ;
• Devolution of prosecution services to the counties; and
• Fostering collaboration and coordination between the investigators and courts.
• State Law Office Reforms:
  Under State Law Office Reforms, implementation strategies will be undertaken:
• Operationalization of the regional arbitration centre;
• Establishment of the asset recovery centre;
• Establishment of a treaty registry and asset recovery;
• Decentralization of services to counties; and
• Implementation of online service delivery.
• Correctional Service Reforms
  In order to ensure sustainable implementation of correctional service reforms by the probation and prison establishments, the following strategies will be adopted:
• Review of institutional and administrative framework for prisons, probation, after care and community service orders programme to enhance service delivery;
• Revision and development of guidelines and administrative procedures to guide correctional services sector;
• Revision of legislations on non-custodial options to incorporate modern offender management schemes
• Development and adoption of reform programme that addresses capacity constraints and respond to reform requirements;
• Review and implementation of training curriculum for inmates and offenders;
• Development and implementation of curriculum for prisons, probation aftercare service officers;
• Application of appropriate technology to respond to emerging security challenges in correctional facilities and remands;
• Development of institutional capacity for probation service to effectively implement policy and legislation on alternative measures to imprisonment;
• Introduction of electronic offender surveillance system for prolifi c offenders under supervision in the community;
•  Construction of halfway houses for effective reintegration of ex-prisoners;
• Introduction of evidence based offender rehabilitation programmes that is responsive to needs and risk posed by the offender;
• Development of policy and legislation on diversion of minors and young offenders out of criminal justice system by creation of diversion programme for juvenile offenders as well as for special needs offenders;
• Development of policy and legislation to establish parole system;
• Establishment of dog and horse units to mitigate security search challenges in prisons services;
• Repossession of all illegally acquired parcels of land belonging to correctional services.
• Policing Services
  To create a national police service that will provide professional security and law enforcement services necessary for the objectives of this plan, priority will be given to implementing the constitutional reforms in the National Police
  Service and the National Police Commissioner as spelt out in Articles 243 to 247 of the constitution.
  In addition, the government will proceed with the implementation of the Ransley Committee Report on training,
  accommodation, salaries and benefi ts, forensic laboratory, transport and equipment.
  The government will also undertake legislation and enactment of the National Coroners Bill (2010) and the Private
  Security Providers Regulation Bill (2010).
• National Council on the Administration of Justice
  During the plan period, the sector will undertake to:
• Formulate policies relating to the administration of justice;
• Implement, monitor, evaluate and review strategies for the administration of justice;
• Facilitate the establishment of Court Users Committees at the county level; and
• Mobilise resources for purposes of the efficient administration of justice.
• National Collaboration for Oversight and Accountability
  The NCOA will mainstream cross-cutting public sector reforms and provide a forum for engagement with wider
  public sector reforms.