ADVOKS GLOBAL · KENYA
Community Service Orders Act
3. Community service orders
Edition: 2022-12-31 · In force
3. Community service orders
(1)Where any person is convicted of an offence punishable with—(a)imprisonment for a term not exceeding three years, with or without the option of a fine; or(b)imprisonment for a term exceeding three years but for which the court determines a term of imprisonment for three years or less, with or without the option of a fine, to be appropriate,the court may, subject to this Act, make a community service order requiring the offender to perform community service.(2)(a)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.(b)For the purposes of this Act, public work shall include but not be limited to—(i)construction or maintenance of public roads or roads of access;(iii)environmental conservation and enhancement works;(iv)projects for water conservation, management or distribution and supply;(v)maintenance work in public schools, hospitals and other public social service amenities;(vi)work of any nature in a foster home or orphanage;(vii)rendering specialist or professional services in the community and for the benefit of the community,and 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.(3)Where a court determines that a community service order should be made, it shall, before making the order, direct a community service officer to conduct an inquiry into the circumstances of the case and of the offender and report the findings to the court.(4)An inquiry under subsection (3) shall be conducted in such manner and the report shall be in such form and cover such matters as may be prescribed.(5)A court shall not make an order under this section in respect of an offender unless the offender is present and the court is satisfied—(a)that adequate arrangements exist for the execution of the order; and(b)after considering the report made under subsection (3) and, where necessary, after hearing the community service officer, that the offender is a suitable person to perform community service under the order.(6)Where a court makes an order under this section in respect of two or more offences committed by the same offender, the court may direct that the period of community service specified in any of those orders shall be concurrent with or in addition to that specified in any other order.(7)The court which makes a community service order shall forthwith give copies of the order to the community service officer of the area where the offender resides or will reside during the period of the order and the community service officer shall give a copy of the order each to the offender and to the supervising officer.(8)Before making an order under this section, the court sentencing an offender shall explain to the offender in a language that he understands—(a)the purpose and effect of the order and in particular, his obligations under section 4;(b)the consequences specified in section 5 for failure to comply with the order or with any of the requirements of that section; and(c)the powers of the court under section 6 to review the order on application either by the offender or of a community service officer.(9)Where a person is convicted of an offence, and is placed under a Community Service Order, such conviction shall be disregarded for the purpose of any enactment by or under which any disqualification or disability is imposed upon convicted persons or by or under which provision is made for a different penalty in respect of an offence committed after a previous conviction:Provided that if the original order is set aside and the offender is sentenced for the original offence, this section shall cease to apply in respect of that offence, and the offender shall be deemed for purposes of any enactment imposing a disqualification to have been convicted on the date of sentence.(10)Subsection (1) of this Act shall not apply to a person who is convicted under the following legislation—(a)the Anti-Corruption and Economic Crimes Act (Cap. 65);(b)the Sexual Offences Act (Cap. 63A);(c)the Prohibition of Female Genital Mutilation Act (Cap. 62B);(d)the Prevention of Terrorism Act (Cap. 59B);(e)the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); or(f)the Bribery Act (Cap. 79B).