ADVOKS GLOBAL · KENYA
Prisons Act
47. Compulsory supervision orders
Edition: 2022-12-31 · In force
47. Compulsory supervision orders
(1)The Commissioner—(a)shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for a term of or exceeding three years; and(b)may in the case of any other prisoner where he considers it necessary or desirable in the interests of the rehabilitation of that prisoner so to do,make an order, to be known as a "Compulsory Supervision order", providing for the compulsory supervision of the prisoner for any period not exceeding one year.(2)Every compulsory supervision order shall be made on or prior to the discharge of the prisoner in respect of whom it is made and shall be in such form and subject to such terms and conditions as may be prescribed.(3)Where the Commissioner is satisfied that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Commissioner may revoke the order and issue a certificate to that effect which shall contain a statement of the amount of remission earned by the prisoner under section 46 of this Act immediately before the making of the order, and such certificate shall be conclusive evidence of its contents.(4)When any compulsory supervision order made under this section has been revoked the prisoner in respect of whom such order had been made shall, after undergoing any other punishment to which he has been sentenced, if any, undergo a term of imprisonment equal to a period of three months, or to the period of remission he had earned under section 46 of this Act, immediately before the making of the compulsory supervision order, whichever is the greater.(5)Where a compulsory supervision order has been revoked by the Cabinet Secretary, a magistrate shall, on production to him of a certificate of such revocation signed by the Commissioner, issue a warrant for the arrest of the person in respect of whom the compulsory supervision order had been made; and such person on being arrested shall be brought before that magistrate or any other magistrate having jurisdiction who, on being satisfied after proper inquiry that the person has been convicted of an offence or has contravened or failed to comply with any of the terms and conditions of his order, shall commit him to prison for the term provided in subsection (4) of this section.(6)Notwithstanding the provisions of subsection (1) of this section, the Commissioner may at any time discharge a prisoner undergoing a term of imprisonment under subsection (4) of this section, and at the same time make a further compulsory supervision order in respect of such prisoner.(7)The Commissioner may vary a compulsory supervision order, and if he considers that a person subject to a compulsory supervision order should be freed from all liability under this Act he may cancel the order, and the person shall thereupon be free from all such liability.[Act No. 8 of 1968, Sch., Act No. 10 of 1981, Sch.]