Kenya Prisons Service Act Cap 90
Kenya Prisons Service Act Cap 90 | See and read the rules of Kenya Prisons Service
1. |
These Rules may be cited as the Prisons (Prisons Council) Rules, 1963.
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2. |
There is hereby established a Council, to be known as the Prisons Council (hereinafter referred to as the Council), consisting of eight members, of whom four shall represent the Government, and shall be known as the Official Side, and four shall represent the Kenya Prisons Representative Association, and shall be known as the Staff Side.
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3. |
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4. |
The function of the Council shall be to consider all questions affecting the welfare and efficiency of the Service, including pay, pensions and terms and conditions of service, which are referred to it by the Official Side or the Staff Side to seek and reach agreement thereon:
Provided that the Council shall not consider any question of discipline and promotion concerning an individual officer of the Service except in a case where the principle underlying the question is in dispute. |
5. |
(1) Ordinary meetings of the Council shall be held not less than twice per year.
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6. |
(1) The Council may at any time appoint a subcommittee and delegate the sub-committee its functions in respect of any particular case or matter.
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7. |
(1) Minutes shall be kept of all meetings of the Council and subcommittee unless the terms of reference of a sub-committee allow an agreed report to be submitted in lieu of Minutes.
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8. |
The decisions of the Council shall be made between the Official Side and the Staff Side and shall be reported to Government and shall thereupon become operative.
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9. |
In the event of deadlock being reached on any question before the Council either side shall have the right to refer the matter to arbitration in accordance with the Schedule to these Rules.
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10. |
(1) The Official Side shall bear its own expenses.
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1. |
Failing agreement by negotiation, arbitration shall be open to the Official Side on the one hand and to the Staff Side on the other hand, on application by either party, in regard to certain matters affecting conditions of service, subject to the limitations and conditions hereinafter defined.
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2. |
Where the parties are unable to reach agreement on any claim falling within the limitations set out in this Schedule, either party may refer to arbitration, in accordance with this Schedule, subject to the right of Government to refuse reference to arbitration of any dispute on grounds which the Government has declared to be matter of public policy.
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3. |
Disputes relating to salaries in excess of the maximum of the Government’s P.G. 1 Scale for the time being in force shall not be referable except with the agreement of both parties.
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4. |
Disputes relating to individual officers or to the salary scales allotted to particular duties shall not be referable.
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5. |
Disputes affecting emoluments, weekly hours of work and leave of any or all classes of officers shall otherwise be referable.
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6. |
For the purposes of this Schedule, “emoluments” includes pay and allowances of the nature of pay, bonus, overtime rates, subsistence rates and travelling and lodging allowances, and “class” means any well-defined category of officer who, for the purpose of a particular claim, occupy the same position or have a common interest in the claim.
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7. |
After an award has been made by an Arbitration Tribunal under this Schedule, a dispute involving substantially the same issues shall not again be referable within a further period of twelve months from the effective date of the award.
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8. |
(1) The Official Side and the Staff Side shall forthwith each inform the Minister for the time being responsible for prisons of the names of not less than three nor more than five persons, the appointment of whom as members of arbitration tribunals would be acceptable to them.
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(2) |
Such persons shall be persons of standing who are not themselves servants of any East African Government or Administration or officers or members of an association of employees of one of those Governments or Administrations or members of the National Assembly and of all regional assemblies.
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(3) |
Both sides shall thereafter keep the Minister informed of any necessary amendments to these panels of names.
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9. |
The Arbitration Act (Cap. 49) shall not apply to any reference under this Schedule.
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10. |
A dispute within the limits defined in this Schedule may be reported by either party to the Minister for the time being responsible for prisons for reference to an Arbitration Tribunal.
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11. |
On receiving such a report the Minister for the time being responsible for prisons shall, having confirmed that the Government does not object to arbitration on grounds of public policy, propose to both parties the name or names of one or more persons whom he considers to be suitable for appointment as chairman of an Arbitration Tribunal, and he shall thereafter negotiate as may be necessary with both parties until agreement is reached on a recommendation to be made by him to the President for an appointment of a chairman acceptable to both parties.
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12. |
The Minister for the time being responsible for prisons shall, at the same time, select one name from each of the panels of names submitted in accordance with paragraph 8 of this Schedule, and, having confirmed that both persons will be available for the purpose, appoint them as members of a tribunal.
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13. |
Where on any reference the members of the Tribunal are unable to agree as to their award, the matter shall be decided by the Chairman.
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14. |
The appointments of the chairman and members of the Tribunal shall lapse on presentation of their award, except in so far as the Tribunal may be requested to decide any question arising as to the interpretation of the award.
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15. |
An endeavour shall be made by both parties to a dispute to agree the terms of reference or the terms of the remit to the Tribunal, but where this is not practicable the respective statements of case shall be set out, and these together will constitute the terms of reference or of remit.
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16. |
Neither party shall be represented before a Tribunal except by a civil servant, or in the case of the Staff Side by a bona fide salaried official or member of the Kenya Prisons Service Representative Association, but the Tribunal, should it so desire, may allow more than one representative to speak.
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17. |
Arrangements shall be made to secure that, wherever possible, under normal conditions claims are heard within one calendar month of the date on which a dispute is referred to a tribunal.
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18. |
The following rules of procedure of an Arbitration Tribunal shall apply, subject to the general jurisdiction of the Tribunal to regulate its own procedure as it thinks fit—
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NAIROBI AREA
Nairobi Remand and Allocation.
Nairobi Short Sentence.
Nairobi West.
Langata Women’s.
CENTRAL PROVINCE
Kiambu District
Kamiti Main.
Kamiti Medium Security.
Kamiti Short Sentence.
The detention camp at Nairobi Prison (Kamiti) Nairobi Area
Kiambu.
Thika.
Gatundu Remand.
Limuru Remand.
Ruiru.
Muranga District
Muranga Main.
Muranga Short Sentence.
Maranjau.
Kirinyaga District
Kerugoya.
Mwea.
Nyeri District
Nyeri Main.
Nyeri Women’s.
Nyeri. Medium Security.
Nyandarua District
Thomson’s Falls.
Thika District
Waterfall Veterinary Camp
EASTERN PROVINCE
Embu District
Embu.
Meru District
Meru.
Meru Women’s.
Uruku.
Machakos District
Machakos.
Kitui District
Kitui.
Isiolo District
Isiolo.
Marsabit District
Marsabit.
Moyale.
NORTH-EASTERN PROVINCE
Garissa District
Garissa.
Wajir District
Wajir.
Mandera District
Mandera.
COAST PROVINCE
Mombasa District
Shimo la Tewa Main.
Shimo la Tewa Women’s.
Shimo la Tewa Annexe.
Shimo la Tewa Borstal Institution.
Kwale District
Kwale.
Kilifi District
Kilifi.
Malindi.
Malindi Annexe.
Kaloleni Remand.
Lamu District
Lamu.
Tana River District
Hola.
Kipini.
Taita/Taveta District
Manyani.
Wundanyi.
Voi.
Taveta.
The Tsavo River Camp.
NYANZA PROVINCE
Kisumu District
Kisumu Main.
Kisumu Women’s.
Kibos.
South Nyanza District
Homa Bay.
Kisii District
Kisii.
WESTERN PROVINCE
Kakamega District
Kakamega.
Kakamega Women.
Shikusa Short Sentence.
Shikusa Borstal Institution.
Bungoma District
Bungoma.
Sangalo Livestock Improvement Centre Bungoma.
Busia District
Nil.
RIFT VALLEY PROVINCE
Nakuru District
Naivasha Maximum.
Naivasha Short Sentence.
Nakuru.
Nakuru Women.
Uashin Gishu District
Eldoret.
Eldoret Women.
Ngeria.
Trans Nzoia District
Kitale Farm.
Kitale Remand.
West Pokot District
Kapenguria.
Sigor.
Narok District
Narok.
Nandi District
Kapsabet.
Turkana District
Lodwar.
Kericho District
Kericho.
Kericho Short Sentence.
Kajiado District
Kajiado Remand.
Athi River.
Samburu District
Maralal.
Laikipia District
Nanyuki.
PRISONS RULES, 1963
ARRANGEMENT OF RULES
PART I – PRELIMINARY
1. | Citation. |
2. | Interpretation. |
3. | Manner in which Rules shall be applied. |
PART II – CLASSIFICATION OF PRISONS AND PRISONERS
4. | Classes of prisons. |
5. | Classification of prisoners. |
6. | Reception Boards. |
7. | Transfer of prisoners between classes. |
8. | Institution of other classes. |
9. | Progressive stage system. |
10. | First stage. |
11. | Second stage. |
12. | Third stage. |
13. | Fourth stage. |
14. | Special stage. |
15. | Reduction to lower stage. |
16. | Uniforms for different stages. |
17. | Stage privileges. |
18. | Further privileges. |
19. | Earnings scheme. |
20. | Rate of earnings. |
21. | Use of earnings. |
PART III – MEDICAL OFFICERS AND THE HEALTH OF PRISONERS
22. | Prison infirmaries. |
23. | Power of medical officer to delegate. |
24. | Medical officer to attend regularly. |
25. | Examination of prisoners. |
26. | Frequency of medical examination and inspections. |
27. | Medical officer to advice on removal of prisoners. |
28. | Mental condition of prisoners. |
29. | Spread of disease. |
30. | Books to be kept. |
31. | Vaccination. |
PART VI – ACCOMMODATION IN AND GENERAL MANAGEMENT OF PRISONS
32. | Sleeping accommodation. |
33. | Cleanliness of prisons. |
34. | Punishment cells. |
35. | Search on admission. |
36. | Manner of search. |
37. | Prisoners’ property. |
38. | Recording of particulars. |
39. | Fingerprints. |
40. | Photographs. |
41. | Baths. |
42. | Medical examination on admission. |
43. | Information for prisoners to be provided in cells or wards. |
44. | Officer in charge to ensure that information is understood. |
PART V – TREATMENT OF PRISONERS
45. | Use of force. |
46. | Clothing. |
47. | Bedding. |
48. | Cleanliness of clothes and bedding. |
49. | Food. |
50. | Restrictions on alcohol and tobacco. |
51. | Prisoners’ hair. |
52. | Exercise. |
53. | Visits and letters. |
54. | Transfer of prisoner to enable him to be visited. |
55. | Postponement of privileges of letters and visits. |
56. | Visits to sick prisoners. |
57. | Conditions relating to visits. |
58. | Letters to be read. |
59. | Visits by advocates and diplomatic representatives. |
60. | Visits and letters of debtors. |
61. | Visits by police officers and process servers. |
62. | Religion and religious instruction. |
63. | Education. |
64. | Prison visitors. |
65. | Petitions and complaints. |
PART VI – DISCIPLINE OF PRISONERS
66. | Minor prison offences. |
67. | Aggravated prison offences. |
68. | Inquiry into prison offences. |
69. | Punishment of minor prison offence by subordinate prison officer. |
70. | Transfer of case to senior prison officer. |
71. | Punishment of minor prison offence by senior prison officer. |
72. | Punishment of aggravated prison offences by senior prison officer. |
73. | Transfer of case to Commissioner. |
74. | Punishment by Commissioner. |
75. | Clothing and bedding during punishment. |
76. | Confinement in punishment cell. |
77. | Corporal punishment. |
78. | Repealed. |
79. | Forfeiture of remission. |
80. | Punishment book to be kept. |
81. | Ordinary law not affected. |
82. | Mechanical restraint of prisoners. |
83. | Prevention of escapes. |
84. | Action on report of escape. |
85. | Treatment of escapees. |
86. | Employment of prisoners. |
87. | Work of unfit prisoners. |
88. | Work of female prisoners. |
89. | Hours of work. |
90. | Record of work. |
91. | Holidays. |
PART VII – PERIOD AND REMISSION OF SENTENCE, INCLUDING RELEASE UNDER SUPERVISION
92. | Length of imprisonment where prisoner sentenced to more than one term of imprisonment. |
93. | Calculation of dates in relation to imprisonment. |
94. | Officer in charge responsible for due release of prisoners. |
95. | Calculation of remission. |
96. | Remission system to be explained to prisoners. |
97. | Records of remission to be kept. |
98. | Review of sentences. |
99. | Form of compulsory supervision order. |
100. | Parole licence. |
PART VIII – TREATMENT OF SPECIAL CLASSES OF PRISONERS
101. | Appellant prisoners. |
102. | Unconvicted prisoners. |
103. | Prisoners under sentence of death. |
104. | Access to prisoners under sentence of death. |
105. | Execution of prisoners sentenced to death. |
PART IX – VISITING JUSTICES AND THE AFTER-CARE OF PRISONERS
106. | Visiting justices to visit prisons. |
107. | Officers who are to accompany visiting justices. |
108. | Visiting justice to hear complaints. |
109. | Minute book to be kept. |
110. | Visiting justice to call attention to irregularities. |
111. | Boards of visiting justices. |
112. | Discharge board. |
113. | Fares for discharged prisoners. |
PART X – EXTRA MURAL PENAL EMPLOYMENT
114. | Medical examination and documentation of persons ordered to perform public work. |
115. | Records to be kept. |
116. | Persons to perform public work. |
117. | Admission to hospital. |
118. | Deleted. |
PART XI – COMPOSITION OF THE SERVICE AND CONDITIONS OF SERVICE OF PRISON OFFICERS AND THEIR DISCIPLINE
119. | Appointment, promotion of officers. |
120. | Delegation of powers in respect of subordinate prison officers. |
121. | Declaration on enlistment. |
122. | Prolongation of service in case of war, etc. |
123. | Removal of subordinate prison officer. |
124. | Offences by prison officers. |
125. | Offences by officers of or above rank of Assistant Superintendent. |
126. | Offences by officers below rank of Assistant Superintendent. |
127. | Appeals against dismissal. |
128. | Appeal to Commissioner. |
129. | No pay during absence without leave or imprisonment. |
130. | Dismissal on conviction of criminal offence. |
131. | Interdiction or suspension. |
132. | Fines. |
133. | Power to summon witness. |
PART XII – DUTIES OF PRISON OFFICERS
134. | General duty of prison officers and penalties. |
135. | Books, etc., to be kept by officer in charge. |
136. | Duties of officer in charge as to visits. |
137. | Duties of officer in charge as to health. |
138. | Duties of officer in charge as to custody. |
139. | Officer in charge to interview prisoners. |
140. | Petitions to be forwarded. |
141. | Absence of officer in charge. |
142. | Chief officer or principal officer. |
143. | Journal and records to be kept by chief officer or principal officer and books in his custody. |
144. | Special duties of chief officer or principal officer. |
145. | Duties of chief officer or principal officer as to sick prisoners. |
146. | Absence of chief officer or principal officer. |
147. | Relief of subordinate officer from duty. |
148. | Duties of gatekeeper. |
149. | Living quarters of prison officers. |
150. | Illness of prison officer. |
151. | Prison officer not to leave prisoners when outside prison. |
152. | Checking of keys. |
153. | Duties on handing over. |
154. | Information to be given to superior officers. |
155. | Counting of prisoners. |
156. | Prison officers not to enter cells or wards at night alone. |
157. | Prison officers to report cases of illness. |
158. | Prison officers not be absent from prison during working hours. |
159. | Prison officers’ visitors. |
160. | Uniforms to be delivered up. |
161. | Disposal of forfeited pay and fines. |
SCHEDULES
FIRST SCHEDULE — |
SECOND SCHEDULE — |
THIRD SCHEDULE — | DECLARATION |
1. |
Citation
These Rules may be cited as the Prisons Rules, 1963.
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2. |
Interpretation
In these Rules, except where the context otherwise requires—
“long sentence prisoner” means a prisoner who is sentenced to imprisonment for a period exceeding six months or for consecutive periods the total of which exceeds six months;
“short sentence prisoner” means a prisoner who is sentenced to imprisonment for a period of six months or to corrective training for a period of four months or less to a Youth Corrective Training Centre.
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3. |
Manner in which Rules shall be applied
These Rules shall be applied, due allowance being made for differences in character and amenability to discipline of various types of prisoners, in accordance with the following principles—
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4. |
Classes of prisons
The Commissioner may set aside prisons or parts of prisons for the detention of particular classes of prisoners.
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5. |
Classification of prisoners
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6. |
Reception Boards
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7. |
Transfer of prisoners between classes
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8. |
Institution of other classes
The Commissioner may institute such other classes as may in his opinion be necessary for improving the method of classification, and he may in his discretion authorize in particular cases, or at particular prisons, departure from rule 7 of these Rules.
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9. |
Progressive stage system
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10. |
First stage
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11. |
Second stage
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12. |
Third stage
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13. |
Fourth stage
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14. |
Special stage
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15. |
Reduction to lower stage
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16. |
Uniform for different stages
The Commissioner may direct that prisoners in each stage shall wear a special uniform or badge.
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17. |
Stage privileges
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18. |
Further privileges
The Commissioner may direct that prisoners in any stage shall be eligible to receive other privileges but they shall be liable to forfeit them as a punishment or part of the punishment for disciplinary offences.
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19. |
Earnings scheme
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20. |
Rate of earnings
The rate of earnings in each grade shall be fixed by the Minister.
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21. |
Use of earnings
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22. |
Prison infirmaries
In every prison an infirmary or proper place for the care and reception of sick prisoners shall be provided.
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23. |
Power of medical officer to delegate
Subject to the directions of the Director of Medical Services, a medical officer may depute any of his functions or duties under this Part to any person whom he considers is suitably qualified to carry out such functions or duties.
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24. |
Medical officer to attend regularly
The medical officer shall attend at the prison for which he is responsible either daily or at regular intervals.
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25. |
Examination of prisoners
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26. |
Frequency of medical examination and inspections
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27. |
Medical officer to advise on removal of prisoners
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28. |
Mental condition of prisoners
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29. |
Spread of disease
The medical officer shall take all measures necessary to prevent the spread of infectious or contagious diseases.
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30. |
Books to be kept
The medical officer shall keep the following books and records—
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31. |
Vaccination
If the medical officer considers it necessary for the health of any particular prisoner or prisoners, or for the health of other prisoners or members of the public he may arrange for the vaccination or inoculation of any prisoner or prisoners.
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32. |
Sleeping accommodation
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33. |
Cleanliness of prisons
The prison and every room and part thereof shall be kept clean, and every prisoner shall keep his cell, ward, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, as may be ordered, and shall clean and sweep the yards, passages and other parts of the prison as he may be ordered.
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34. |
Punishment cells
In every prison, cells shall from time to time be set aside for the confinement of prisoners undergoing punishment for prison offences; every such cell shall be certified as fit to be used for such purpose by the medical officer.
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35. |
Search on admission
Every prisoner shall be searched when taken into custody by a prison officer, on admission into prison and at such subsequent times as the officer in charge directs, and all unauthorized articles shall be taken from him.
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36. |
Manner of search
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37. |
Prisoner’s property
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38. |
Recording of particulars
The name, race and tribe, age, weight, and particular marks, and such other measurements and particulars as may be required in regard to a prisoner, shall upon his admission, and from time to time, be recorded in such manner as the Commissioner directs.
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39. |
Fingerprints
On admission into prison, every prisoner shall have his fingerprints taken.
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40. |
Photographs
A long sentence prisoner shall be photographed on admission and subsequently, as required by the officer in charge, but no copy of the photograph shall be given to a person who is not authorized to receive it.
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41. |
Baths
Every prisoner shall, unless exempted by the officer in charge or the medical officer, take a bath or shower on admission and thereafter as ordered by the officer in charge.
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42. |
Medical examination on admission
Every prisoner shall, on the day of his admission or as soon as possible after his admission, be separately examined by the medical officer, who shall record the state of health of the prisoner and such other particulars as may be directed:
Provided that when a prisoner is received too late to be examined on the same day he shall be examined as soon as possible on the next day, and in any case within twenty-four hours of his admission. |
43. |
Information for prisoners to be provided in cells or wards
Every prisoner on admission to prison shall be provided in his cell or ward with such information as to the rules concerning the disciplinary requirements of the prison, to earnings and privileges and to the proper methods of submitting petitions to the Governor-General and of making complaints as to food, clothing, bedding and other necessaries.
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44. |
Officer in charge to ensure that information is understood
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45. |
Use of force
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46. |
Clothing
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47. |
Bedding
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48. |
Cleanliness of clothes and bedding
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49. |
Food
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50. |
Restrictions on alcohol and tobacco
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51. |
Prisoners’ hair
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52. |
Exercise
All prisoners, other than those in close confinement, shall take regular physical exercise in accordance with instructions issued by the officer in charge.
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53. |
Visits and letters
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54. |
Transfer of prisoner to enable him to be visited
Where a prisoner has served for a period of three years and, owing to the distance from his home, has not received any visits from relatives or friends during such imprisonment, the Commissioner may in his discretion order the temporary transfer of such long sentence prisoner to the prison nearest his home and permit such prisoner to be visited by friends or relatives, not exceeding three in number at any one time, for such period as the Commissioner may direct, provided the work, conduct and progress of the prisoner merit such privilege.
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55. |
Postponement of privileges of letters and visits
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56. |
Visits to sick prisoners
If a prisoner dangerously ill desires to be visited by a near relative or friend, the officer in charge may give an order in writing for the admission of that relative or friend.
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57. |
Conditions relating to visits
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58. |
Letters to be read
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59. |
Visits by advocates and diplomatic representatives
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60. |
Visits and letters of debtors
The provisions of these Rules relating to visits and letters shall apply to all classes and categories of prisoners:
Provided that— |
(i) |
an officer in charge may in his discretion allow an unconvicted prisoner to see relatives and friends and to receive and read letters as often as he considers desirable; and
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(ii) |
a prisoner committed to prison in default of the payment of a sum in pursuance of any conviction order he is required to pay, shall be allowed to have an interview with his friends on any weekday during working hours of the prison, or to communicate by letter with them for the purpose of providing for a payment which would procure his release from prison, and every such prisoner shall on his admission be informed of this rule.
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61. |
Visits by police officers and process servers
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62. |
Religion and religious instruction
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63. |
Education
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64. |
Prison visitors
The Commissioner may, on the recommendation of the officer in charge, appoint a sufficient number of prison visitors of either sex for the purpose of visiting prisoners regularly during their imprisonment and for conducting such classes as may be approved.
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65. |
Petitions and complaints
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66. |
Minor prison offences
Any prisoner who—
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67. |
Aggravated prison offences
Any prisoner who—
shall be guilty of an aggravated prison offence.
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68. |
Inquiry into prison offences
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69. |
Punishment of minor prison offence by subordinate prison officer
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70. |
Transfer of case to senior prison officer
Whenever a prisoner is charged before a prison officer below the rank of Assistant Superintendent with an aggravated prison offence, or with a minor prison offence which owing to the circumstances of the case the prison officer considers the powers of punishment he possesses are inadequate to deal with, he shall transfer the case for inquiry to a senior prison officer.
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71. |
Punishment of minor prison offence by senior prison officer
An officer in charge, if a senior prison officer or an administrative officer acting as officer in charge may punish any prisoner found after due inquiry by him to be guilty of a minor prison offence, by ordering him to undergo one or more of the following punishments—
Provided that no prisoner shall be reduced from Grade A in the earnings scheme without the approval of the Commissioner.
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72. |
Punishment of aggravated prison offence by senior prison officer
An officer in charge if a senior prison officer or an administrative officer acting as officer in charge may punish a prisoner found after due inquiry by him to be guilty of an aggravated prison offence by ordering him to undergo one or more of the following punishments—
Provided that no prisoner shall be reduced from Grade A in the earnings scheme without the approval of the Commissioner.
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73. |
Transfer of case to Commissioner
An officer in charge, if a senior prison officer, or an administrative officer acting as officer in charge, where a prisoner is charged before him with an aggravated prison offence, may transfer the case to the Commissioner under section 52(2) of the Act.
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74. |
Punishment by Commissioner
The Commissioner may punish any prisoner found guilty of any prison offence with one or more of the following punishments—
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75. |
Clothing and bedding during punishment
A prisoner undergoing punishment in a separate cell shall be supplied with such clothing and bedding as the Commissioner shall from time to time direct.
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76. |
Confinement in punishment cell
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77. |
Corporal punishment
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78. |
Repealed by L.N. 166/1968.
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79. |
Forfeiture of remission
No prisoner shall be ordered to forfeit as a punishment more remission than he has earned.
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80. |
Punishment book to be kept
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81. |
Ordinary law not affected
Nothing in these Rules shall be so construed as to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner shall be punished twice for the same offence.
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82. |
Mechanical restraint of prisoners
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83. |
Prevention of escapes
Prison officers shall use the greatest vigilance to prevent the escape of any prisoner, and no ladders, planks, ropes, chains or anything likely to facilitate escape shall be left unsecured in any prison.
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84. |
Action on report of escape
On receiving the report of the escape of a prisoner, the officer in charge shall—
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85. |
Treatment of escapees
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86. |
Employment of prisoners
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87. |
Work of unfit prisoners
A prisoner certified not to be fit for ordinary labour by the medical officer may be employed on light labour—
Sewing, gardening, laundry work, cleaning and whitewashing the prison, conservancy, and any such similar services as the officer in charge may from time to time direct. |
88. |
Work of female prisoners
Female prisoners shall be employed only in association with female prisoners and on work suitable for them.
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89. |
Hours of work
The hours of labour for prisoners shall be those directed by the Commissioner.
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90. |
Record of work
At each prison a record of the daily work of the prisoners shall be kept in such form as the Commissioner may direct.
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91. |
Holidays
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92. |
Length of imprisonment where prisoner sentenced to more than one term of imprisonment
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93. |
Calculation of dates in relation to imprisonment
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94. |
Officer in charge responsible for due release of prisoners
The officer in charge shall be responsible for the due release of all prisoners immediately on their becoming entitled to release, whether from expiration of the period of their sentences or by pardon or commutation or remission of sentence earned under the Act, and, to ensure accuracy in regard to such remissions, he shall, at least one month before the date of release of a prisoner, check the remission earned by each prisoner.
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95. |
Calculation of remission
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96. |
Remission system to be explained to prisoners
The officer in charge shall ensure that the remission system is explained to all prisoners on admission, and, when for any reason remission is forfeited, the officer in charge shall ensure that a prisoner is made fully aware of such forfeiture.
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97. |
Records of remission to be kept
A record shall be kept for each prisoner earning remission showing the sentence, the remission allowed and any forfeiture of remission. The earliest possible date of release shall be recorded as well as the latest possible date of discharge.
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98. |
Review of sentences
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99. |
Form of compulsory supervision order
A compulsory supervision order shall—
and in Form 1 in the Second Schedule to these Rules there shall be impressed thereon the holder’s photograph and fingerprints.
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100. |
Parole licence
Where the Commissioner allows a prisoner to be absent from prison on parole, he shall issue to the prisoner on parole licence in Form 3 in the Second Schedule to these Rules.
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101. |
Appellant prisoners
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102. |
Unconvicted prisoners
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103. |
Prisoners under sentence of death
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104. |
Access to prisoners under sentence of death
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105. |
Execution of prisoners sentenced to death
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106. |
Visiting justices to visit prisons
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107. |
Officers who are to accompany visiting justices
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108. |
Visiting justice to hear complaints
A visiting justice shall on every visit hear any complaint which any prisoner may wish to make to him, and shall especially inquire into the condition of those prisoners who are undergoing punishment.
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109. |
Minute book to be kept
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110. |
Visiting justice to call attention to irregularities
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111. |
Boards of visiting justices
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112. |
Discharge board
Provided that such sum shall be granted only with the approval of the Commissioner, and shall be applied to the purchase of tools and other equipment which will assist the rehabilitation of the prisoner.
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113. |
Fares for discharged prisoners
A prisoner discharged from a prison outside the district in which he normally resides shall be provided with free transport to his district.
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114. |
Medical examination and documentation of persons ordered to perform public work
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115. |
Records to be kept
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116. |
Persons to perform public work
A person so ordered to perform public work shall perform such public work as the authorised officer directs; but such person shall not be placed in a position of trust.
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117. |
Admission to hospital
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118. |
Deleted by L.N. 371/1991, s. 2 .
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119. |
Appointment, promotion of officers
The appointment, promotion and terms of service of officers of or above the rank of Assistant Superintendent shall be regulated by the Code of Regulations for Officers of the Government Service and such other instructions as the President may from time to time issue.
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120. |
Delegation of powers in respect of subordinate prison officers
The powers vested in the President in respect of subordinate prison officers in regard to—
are hereby delegated to the Commissioner, subject to such instructions as the President may from time to time issue.
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121. |
Declaration on enlistment
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122. |
Prolongation of service in case of war, etc.
Notwithstanding any other provisions of these Rules or any other rules, any prison officer whose period of service expires during a time when an order under section 29 of the Constitution is in force generally or in any part of Kenya may be kept in the Service for such period as the President may direct
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123. |
Removal of subordinate prison officer
Subject to the provisions of any rule made under section 74 of the Act, any subordinate prison officer may at any time be removed from the Service by the Commissioner for any of the following reasons—
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124. |
Offences by prison officers
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125. |
Offences by officers of or above rank of Assistant Superintendent
Any offence against discipline and any other misconduct by a prison officer of or above the rank of Assistant Superintendent shall be dealt with under the Code of Regulations for Officers of the Government Service.
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126. |
Offences by officers below rank of Assistant Superintendent
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127. |
Appeals against dismissal
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128. |
Appeal to Commissioner
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129. |
No pay during absence without leave or imprisonment
No prison officer shall earn any emoluments in respect of any day during which he is absent from duty without leave or is undergoing any sentence of imprisonment, unless the Commissioner otherwise orders.
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130. |
Dismissal on conviction of criminal offence
The Commissioner may dismiss from the Service or reduce in rank any prison officer below the rank of Assistant Superintendent who is convicted of any offence by a court.
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131. |
Interdiction or suspension
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132. |
Fines
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133. |
Power to summon witness
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134. |
General duty of prison officers and penalties
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135. |
Books, etc., to be kept by officer in charge
In carrying out his duties as such, an officer in charge shall—
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136. |
Duties of officer in charge as to visits
An officer in charge shall—
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137. |
Duties of officer in charge as to health
The officer in charge shall—
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138. |
Duties of officer in charge as to custody
The officer in charge shall—
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139. |
Officer in charge to interview prisoners
The officer in charge shall take an early opportunity to interview all prisoners after their reception, and he shall again interview them prior to discharge.
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140. |
Petitions to be forwarded
The officer in charge shall, without delay, submit to the Commissioner any petition received from a prisoner.
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141. |
Absence of officer in charge
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142. |
Chief officer or principal officer
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143. |
Journal and records to be kept by chief officer or principal officer and books in his custody
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144. |
Special duties of chief officer or principal officer
The chief officer or principal officer shall—
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145. |
Duties of chief officer or principal officer as to sick prisoners
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146. |
Absence of chief officer or principal officer
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147. |
Relief of subordinate officer from duty
The chief officer or principal officer may temporarily relieve any subordinate prison officer from duty and exclude him from the prison in case of misconduct, but shall report the particulars without delay to the officer in charge.
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148. |
Duties of gatekeeper
Provided that the following persons shall be entitled to admission to the prison at any time without such sanction—
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149. |
Living quarters of prison officers
|
150. |
Illness of prison officer
Any prison officer below the rank of principal officer who is disabled from the regular performance of his duties by illness shall report the fact to the chief officer or principal officer, and if unable to appear in person shall remain in his quarters until seen by the medical officer, who may, if necessary, order his removal to a hospital.
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151. |
Prison officer not to leave prisoners when outside prison
No prison officer shall, whilst in charge of prisoners outside a prison, leave such prisoners under any pretext whatsoever from the time of their departure from the prison until they return to the prison nor shall he for any purpose whatsoever enter any house, store, yard or premises, not being the place appointed for the labour of such prisoners, within the period during which he is in charge of the prisoners.
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152. |
Checking of keys
A prison officer shall check all keys when handing or taking over, and report immediately any defect, and see that no prison key is, in any circumstances, allowed to pass into the possession of any prisoner or unauthorized person.
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153. |
Duties on handing over
All prison officers below the rank of Principal Officer Grade I on being relieved from any particular duty or transferred to another part of the prison, shall point out to their successor all matters of special importance connected with their duties, and explain any directions of the superior officers affecting any particular prisoner.
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154. |
Information to be given to superior officers
|
155. |
Counting of prisoners
A prison officer below the rank of Principal Officer Grade I shall be responsible for the safe custody of prisoners under his charge, and with this in view he shall count the prisoners at least once every half hour, and in addition—
|
156. |
Prison officers not to enter cells or wards at night alone
No prison officer shall enter a prisoner’s cell or ward at night without being accompanied by another prison officer except in cases of imperative necessity, and where he does enter without being so accompanied he shall make an immediate report to the senior officer in the prison at the time, and shall make a written report to the officer in charge as soon as possible.
|
157. |
Prison officers to report cases of illness
Every prison officer shall direct the attention of the officer in charge or the chief officer or Principal Officer to any prisoner who may appear not to be in good health, although not complaining of illness, or whose state of mind may appear deserving of special notice and care, in order that the opinion and instructions of the medical officer may be taken on the case.
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158. |
Prison officers not to be absent from prison during working hours
A prison officer below the rank of Principal Officer Grade I shall not be absent from the prison during hours of duty without leave from the chief officer or Principal Officer and before leaving the prison at any time he shall leave his keys, arms and books in the place appointed for that purpose.
|
159. |
Prison officers’ visitors
A prison officer below the rank of Principal Officer Grade I shall not receive visitors within any part of a prison used by prisoners.
|
160. |
Uniforms to be delivered up
Every person on ceasing to be a prison officer shall forthwith deliver up to the officer in charge of the prison where he is serving at the time of ceasing to be a prison officer every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.
|
161. |
Disposal of forfeited pay and fines
All pay of prison officers which is forfeited, and all fines inflicted upon prison officers for disciplinary offences which are tried by prison officers, shall be paid into the consolidated fund.
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