ADVOKS GLOBAL · KENYA
Borstal Institutions Act
16. Removal to leper settlement
Edition: 1983-12-09 · In force
16. Removal to leper settlement
(1)Where a medical officer reports to the Commissioner that an inmate in respect of whom a borstal order is in force is a leper, the Commissioner may, subject to subsection (2), by order in writing direct the removal of that inmate to a leper settlement, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to confinement in a borstal institution, whichever is the earlier.(2)No order shall be made by the Commissioner under subsection (1) unless he has received notification in writing that the person in charge of the leper settlement to which he wishes to remove the leper is able and willing to receive the leper.(3)So long as the borstal order of an inmate who is in a leper settlement under this section remains in force, the person in charge of the leper settlement shall from time to time transmit to the superintendent of the borstal institution from which the inmate was removed a certificate signed by him that it is in his opinion necessary that he should remain in the leper settlement.(4)As soon as it ceases to be necessary, in the opinion of the person in charge of a leper settlement, that any inmate who is kept thereunder this section should remain therein, he shall transmit to the superintendent of the borstal institution whence that inmate was removed, if that inmate’s borstal order is still in force, a certificate of such opinion, and thereupon the superintendent shall forthwith cause the inmate to be returned to the borstal institution; and if not so liable the inmate shall be released.(5)Every reasonable precaution shall be taken by the person in charge of a leper settlement and the other persons employed therein to prevent the escape of inmates kept therein under this section, and it shall be lawful for them to take such measures as are necessary for the preventing of such escapes:Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of the settlement, is likely to be prejudicial to the health of the inmate.(6)For the purposes of this section, “leper” means a person suffering from active leprosy.