Mandates

Probation and Aftercare Service derives its mandates from the following statuses:

• Probation of Offenders Act, Cap 64
• Community Services Orders Act, No. 10 of 1998
• The Power of Mercy Act, No. 21 of 2011
• Prisons Act, Cap 90
• The Borstal Institutions Act, Cap 92
• Children’s Act, No. 8 of 2001
• The Sexual Offences Act, No. 3 of 2006
• Prevention of Terrorism Act, No. 30 of 2012, Laws of Kenya
• Victim Protection Act, No. 17 of 2014, Laws of Kenya
• The Criminal Procedure Code, Cap 75, Laws of Keny
• The Penal Code, Cap 63, Laws of Kenya

In addition to these, Probation and Aftercare Service implements various Government policies related to probation work; general rules of international law; and treaties and conventions ratified by Kenya which form part of law under the Constitution of Kenya 2010. 

Functions

Probation and Aftercare Service performs the following main functions:

• Conducting social inquiries of accused persons, offenders and petitioners for preparation of pre-bail, pre-trial, pre-sentence or post-sentence reports;
• Preparing and presenting reports to courts and other penal organs for decision making and dispensation of justice;
• Supervising offenders on presidential pardon orders, non-custodial orders and release licenses;
• Developing and implementing correctional programmes for offenders serving various non-custodial measures; 
• Reintegrating and resettling non-custodial offenders and those leaving correctional institutions back to the community;
• Facilitating alternative dispute resolution mechanisms; 
• Providing services for the protection and promotion of rights and welfare of victims and offenders;
• Providing temporary accommodation to needy and deserving offenders in probation hostels and transitional houses; and
• Promoting crime prevention activities to enhance public safety.