Role of Independent Penal Monitoring Bodies in Promoting Best Practices in Correctional Institutions within Kisumu County, Kenya

Abstract

A prisoner's right to complain has long been established under international human rights law, as reflected in the United Nations Standard Minimum Rules for the Treatment of Prisoners of 2015. Therefore, this research article examines inmates' perspectives and experiences regarding the external complaint mechanisms provided by the Persons Deprived of Liberty Act (2014). Primary data was collected from 362 inmates using a semi-structured questionnaire, interviews with human rights officers and officers in charge, and focus group discussions with family members. A descriptive research design enabled quantitative data to be analyzed using the Statistical Package of Social Science program to generate tables and figures and qualitative data through content analysis grouping similar data content per the research themes. The study revealed mixed awareness levels among inmates regarding their right to lodge complaints with independent penal monitoring bodies due to inconsistent communication and education regarding inmates' rights upon admission. Additional challenges were the inability to access writing materials, fear of retaliation, and limited resources, which hindered their full participation in the complaint resolution process. It recommended intensifying inmates' awareness of their right to lodge complaints externally, consistently providing writing materials, simplifying the complaint appeals process to facilitate inmates' utilization and strengthening engagement with the Kenya National Commission on Human Rights and the Commission on Administrative Justice, for inmates seeking recourse promoting better inmate care,  transparency, respect for human rights, and fostering best practices in correctional institutions.