ROD

♦♦
the level of occupation of the facility, individual cells and common areas with reference to
two and three dimensional space measurements and ventilation.
Whilst an emphasis is placed on the physical attributes, it should be borne in mind that these are
strongly influenced by other factors such as staff capacity and the willingness of management to
resolve problems or at least ameliorate their negative effects. Prison governance therefore forms
an important dimension of understanding conditions of detention and this has been remarked
upon as follows:
Good prison governance is to a large extent determined by the existence of an enabling
policy framework, necessary resources and the extent to which prison management has
the ability to implement these policies on a day-to-day basis in a transparent, accountable
and ethical manner. In the context of this research, however, the notion of governance is
understood to encompass not only issues of administrative efficiency and probity, but
also the extent to which the basic human/constitutional rights of offenders are recognised
and respected. 324
The following are important in this regard in assessing prison conditions:
♦♦
The prisons are overcrowded as there had not been an expansion of infrastructure to
cope with the growing demand for prison space.
♦ ♦ The existing infrastructure is rapidly ageing and in many regards the existing architecture
negates against compliance with domestic and international law standards pertaining to
conditions of detention. The separation of different categories of prisoners cannot always
be complied with.
♦♦
♦♦
The combination of overcrowding, ageing buildings and lack of resources drive many of
the problems that have been identified in other studies as well as the current one.
Inadequate cells and furnishings, a monotonous diet, sickness and disease, a shortage
of ablution facilities and prisoner idleness stand out as key problems.
Reference is made above to the ageing nature of the prison infrastructure. Table 1 below presents
the date of construction (specific or estimated) of the prisons surveyed. 325
Table 1
County/ Province Prison Date of Construction
Nairobi/ Nairobi Nairobi Remand and Allocation Prison 1911
Garissa/ North Eastern Garissa 1945
Isiolo/ Eastern Isiolo 1947
324 Tapscott C. (2005) A Study of Best Practice in Prison Governance. CSPRI Research Report Nr. 9, p. 3.
325 Data generated from Prison standing orders 1979 edition.
293