CAP.

92
Borstal Institutions

LAWS OF KENYA

BORSTAL INSTITUTIONS ACT

CHAPTER 92

Revised Edition 2012 [1991]

Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
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Borstal Institutions

CHAPTER 92

BORSTAL INSTITUTIONS ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ESTABLISHMENT OF BORSTAL INSTITUTIONS
3. Power to establish borstal institutions.
4. Requisites of borstal institution.
PART III – COMMITTAL TO BORSTAL INSTITUTIONS
5. Court before sentencing youthful offender to consider his history.
6. Committal of youthful offender to borstal institution.
7. Power of court to direct youthful offender undergoing imprisonment to be sent to
borstal institution.
8. Court to ascertain that accommodation available.
9. Commissioner to determine borstal institution to which youthful offender to be sent.
PART IV – ADMINISTRATION
10. Duties of superintendent.
11. Duties of medical officer.
12. Powers and duties of prison officers.
13. Removal orders.
14. Removal to hospital.
15. Removal to mental hospital.
16. Removal to leper settlement.
17. Inmates to be subject to borstal institution discipline.
18. Female inmates to be kept apart.
19. Work.
PART V – VISITATION
20. Appointment of Board of Visitors.
21. Appointment and duties of After-Care Committee.
22. Board of Visitors may initiate inquiry as to age.
23. Appointment of ministers.
24. Power of Minister, judges and magistrates.
PART VI – ABSENCE FROM BORSTAL INSTITUTIONS
25. Leave of absence.
26. Superintendent may grant licence.
27. Revocation of licence.

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PART VII – DISCHARGE AND SUPERVISION

Section
28. Discharge by order of Minister.
29. Supervision after expiration of detention.
PART VIII – OFFENCES BY INMATES OF BORSTAL INSTITUTIONS
30. Borstal institution offences.
31. Punishment of inmate by principal borstal officer.
32. Punishment of inmate by superintendent.
33. Punishment of inmate by Commissioner.
34. Inmate’s defence.
35. Restricted diet.
36. Corporal punishment.
37. Segregation of inmate.
38. Register of punishment.
PART IX – GENERAL
39. Return of person to borstal institution.
40. Assisting escape and harbouring.
41. Trespassing.
42. Power of court to commit borstal inmate to prison.
43. Procedure on conviction during detention in borstal institution.
44. No interference with control of person on licence or under supervision.
45. Removal in custody.
46. Inmate of borstal institution in lawful custody.
47. Inmate required as witness.
48. Apprenticeship.
49. Prohibited articles and communication with borstal inmates.
50. Seizure of prohibited articles, etc.
51. Unlawful possession of public property.
52. Rules.
53. Amendment of Act No. 49 of 1962.

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CHAPTER 92
BORSTAL INSTITUTIONS ACT
[Date of assent:22nd August, 1963.]
[Date of commencement:2nd September, 1963.]
An Act of Parliament to make provision for the establishment of borstal
institutions for youthful offenders and for the detention of youthful
offenders therein, and for connected purposes
[Act No. 23 of 1963, Act No. 10 of 1983.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Borstal Institutions Act.
2. Interpretation
In this Act, except where the context otherwise requires—
“After-Care Committee” means a committee appointed under section 21
of this Act;
“authorized officer” means a police officer, a prison officer or a probation
officer;
“Board of Visitors” means a board of visitors appointed under section 20
of this Act;
“borstal institution” means a borstal institution established under section
3;
“borstal order” means an order under section 6 or section 7 of this Act
directing that a youthful offender be sent to a borstal institution;
“Commissioner” means the Commissioner of Prisons;
“conviction” includes a finding of guilt by a juvenile court;
“juvenile court” means a juvenile court within the meaning of the Children
and Young Persons Act (Cap. 141);
“licence” means a licence granted under section 26(1) of this Act;
“principal borstal officer” means a person appointed by the Commissioner
to be a principal borstal officer of an institution and includes a principal borstal
officer (women);
“prison officer” has the meaning assigned to it in the Prisons Act (Cap. 90);
“probation officer” has the meaning assigned to it in the Probation of
Offenders Act (Cap. 64);
“removal order” means an order made under section 13;
“sentence” includes an order by a juvenile court on a finding of guilt;

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“superintendent”, in relation to a borstal institution, means the prison

officer appointed by the Commissioner to be superintendent of that institution;
“youthful offender” means a person who has been convicted of an offence
punishable with imprisonment and has been found by the court, at the time of
such conviction, to have attained the age of fifteen years but to be under the
age of eighteen years.
PART II – ESTABLISHMENT OF BORSTAL INSTITUTIONS
3. Power to establish borstal institutions
(1) The Minister may by order—
(a) establish borstal institutions at such places as he thinks fit; or
(b) direct that a borstal institution shall cease to exist as a borstal
institution.
(2) Every borstal institution shall include the grounds and buildings within the
institution enclosure and also any other grounds or buildings belonging or attached
hereto and used by inmates or the staff of the institution.
4. Requisites of borstal institution
Every borstal institution shall provide—
(a) proper sanitary arrangements, water supply, food, clothing and
bedding for the inmates thereof;
(b) the means of giving such inmates educational, industrial or
agricultural training; and
(c) an infirmary or proper place for the reception of inmates who are ill.
PART III – COMMITTAL TO BORSTAL INSTITUTIONS
5. Court before sentencing youthful offender to consider his history
Before sentencing a youthful offender, a court shall consider the evidence
available as to his character and previous conduct and the circumstances of the
offence, and whether it is expedient for his reformation that he should undergo a
period of training in a borstal institution.
6. Committal of youthful offender to borstal institution
(1) Where the High Court or a subordinate court of the first class or a juvenile
court is satisfied, after considering the matters specified in section 5 of this Act, that
it is expedient for his reformation that a youthful offender should undergo training
in a borstal institution, it may, instead of dealing with the offender in any other way,
direct that the offender be sent to a borstal institution for a period of three years.
(2)
(a) Where it appears to any court other than the High Court or a
subordinate court of the first class after considering the matters
specified as aforesaid, that a youthful offender should, for his
reformation, undergo training in a borstal institution, it may, instead of
dealing with the offender in any other way, after recording the same,
commit the offender in custody to a juvenile court having jurisdiction
in the area, for sentence.

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(b) The juvenile court to which the youthful offender is committed shall
itself consider the matters specified as aforesaid, and, if it is satisfied
that it is expedient for his reformation that the offender should undergo
training in a borstal institution, it may direct that the offender be sent
to a borstal institution for a period of three years, or may deal with the
offender in any way which would have been open to the court which
committed the offender.
7. Power of court to direct youthful offender undergoing imprisonment to
be sent to borstal institution
The officer in charge of a prison in which a youthful offender is imprisoned in
execution of a sentence of imprisonment may bring him, if he has not then attained
the age of eighteen years, before the High Court or a subordinate court having
jurisdiction to try the offence of which he was originally convicted, and such court
may, after considering the matters specified in section 5 of this Act, direct that
instead of undergoing the residue of his sentence in prison he be sent to a borstal
institution for the unexpired residue of a period of three years commencing on the
date upon which the sentence of imprisonment began to run.
8. Court to ascertain that accommodation available
Before directing that a youthful offender be sent to a borstal institution, the court
shall ascertain whether accommodation is available in a borstal institution for the
youthful offender, and shall not so direct unless it has found that accommodation
is so available.
9. Commissioner to determine borstal institution to which youthful offender
to be sent
Every youthful offender directed to be sent to a borstal institution under this Act
shall be sent to such borstal institution as the Commissioner directs.
PART IV – ADMINISTRATION
10. Duties of superintendent
The superintendent of a borstal institution shall supervise and control all matters
concerning the institution, and shall keep or cause to be kept such records as
the Commissioner may from time to time direct, and shall be responsible to the
Commissioner for the conduct and treatment of staff and of the inmates under his
control and for the due observance by staff and inmates of the provisions of this
Act and of all rules, directions and orders made thereunder.
11. Duties of medical officer
(1) There shall be a medical officer stationed in or otherwise responsible for
each borstal institution.
(2) The medical officer shall be responsible for the health of all inmates of
the borstal institution, and shall cause all inmates of the borstal institution to be
medically examined on such occasions as may be prescribed.
(3) A medical officer may, whether or not an inmate consents thereto, take or
cause or direct to be taken such action (including the forcible feeding, inoculation,
vaccination or other treatment of the inmate, whether of a like nature

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or not) as he may consider necessary to safeguard or restore the health of the

inmate or to prevent the spread of disease.
(4) All actions of a medical officer, borstal officer, medical orderly or other person
acting under subsection (3) or in pursuance of directions given thereunder shall
be lawful.
12. Powers and duties of prison officers
A prison officer on the staff of a borstal institution shall, in relation to the borstal
institution and the inmates thereof, have the like powers, protections and duties
as are conferred and imposed on him by the Prisons Act (Cap. 90) in relation to
a prison and prisoners therein, and shall be subject to the like prohibitions and
restrictions (and liable to the like punishment for breach thereof), and be subject
to the like provisions as to discipline, as are applicable in the case of prisons and
prisoners therein under that Act.
13. Removal orders
The Commissioner may at any time, by order in writing called a removal order,
order the removal of a person who is detained in a borstal institution to another
specified borstal institution.
14. Removal to hospital
(1) Where an inmate of a borstal institution is so ill that he cannot be adequately
cared for in the institution’s infirmary, the superintendent, on the advice of a medical
practitioner, may order his removal to a hospital or other institution:
Provided that in cases of emergency such removal may be ordered by the senior
officer present without the advice of a medical practitioner.
(2) Whenever the medical officer in charge of a hospital to which an inmate
has been removed under subsection (1) of this section considers that the health
of that inmate no longer requires him to be kept in the hospital, he shall notify
the superintendent of the borstal institution in which the inmate was previously
detained, and that officer shall thereupon cause the inmate to be removed to the
borstal institution if he is still liable to be detained there.
(3) The medical officer in charge of a hospital shall take all reasonable
precautions to prevent the escape of any inmate who is kept in the hospital under
this section.
(4) Nothing in subsection (3) of this section shall authorize any act which in the
opinion of the medical officer in charge of the hospital is likely to be prejudicial to
the health of the inmate concerned.
15. Removal to mental hospital
(1) Whenever a medical officer is of the opinion that any inmate in respect
of whom a borstal order is in force is of unsound mind, he may by order under
his hand in the prescribed form direct that such inmate be removed to a mental
hospital within the meaning of the Mental Treatment Act (Cap. 248) and be there
detained, and such order shall be authority for the reception of that inmate and
for his detention in that mental hospital until removed or discharged as hereinafter
provided.

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(2) Where an inmate removed to a mental hospital under subsection (1) of this
section is, in the opinion of the person in charge of the mental hospital, no longer
of unsound mind, the person in charge as aforesaid shall notify the superintendent
of the borstal institution from which the inmate was removed, and the inmate shall
then be delivered into the custody of the superintendent of that borstal institution if
his borstal order is still in force, and if not so liable shall be released.
(3) Upon the expiration of the period of detention to which he has been
sentenced, section 30 of the Mental Treatment Act (Cap. 248) shall apply to an
inmate detained in a mental hospital under this section as if he were detained in
accordance with a reception order made under Part VI of that Act.
(4) The period during which an inmate has been detained in a mental hospital
under this section shall be reckoned as part of his period of detention.
16. Removal to leper settlement
(1) Where a medical officer reports to the Commissioner that an inmate in
respect of whom a borstal order is in force is a leper, the Commissioner may, subject
to subsection (2) of this section, by order in writing direct the removal of that inmate
to a leper settlement, there to be kept and treated until cured of his leprosy or
until such time as he ceases to be liable to confinement in a borstal institution,
whichever is the earlier.
(2) No order shall be made by the Commissioner under subsection (1) of this
section unless he has received notification in writing that the person in charge of
the leper settlement to which he wishes to remove the leper is able and willing to
receive the leper.
(3) So long as the borstal order of an inmate who is in a leper settlement under
this section remains in force, the person in charge of the leper settlement shall from
time to time transmit to the superintendent of the borstal institution from which the
inmate was removed a certificate signed by him that it is in his opinion necessary
that he should remain in the leper settlement.
(4) As soon as it ceases to be necessary, in the opinion of the person in charge
of a leper settlement, that any inmate who is kept thereunder this section should
remain therein, he shall transmit to the superintendent of the borstal institution
whence that inmate was removed, if that inmate’s borstal order is still in force, a
certificate of such opinion, and thereupon the superintendent shall forthwith cause
the inmate to be returned to the borstal institution; and if not so liable the inmate
shall be released.
(5) Every reasonable precaution shall be taken by the person in charge of a
leper settlement and the other persons employed therein to prevent the escape of
inmates kept therein under this section, and it shall be lawful for them to take such
measures as are necessary for the preventing of such escapes:
Provided that nothing shall be done under the authority of this section which,
in the opinion of the person in charge of the settlement, is likely to be prejudicial
to the health of the inmate.
(6) For the purposes of this section, “leper” means a person suffering from
active leprosy.

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17. Inmates to be subject to borstal institution discipline

Every inmate of a borstal institution shall be subject to the discipline of a borstal
institution and to this Act and to all rules, orders and directions made thereunder
during the whole period of his detention, whether he is or is not within the precincts
of a borstal institution.
18. Female inmates to be kept apart
Males and females shall not be detained in the same borstal institution.
19. Work
Every inmate of a borstal institution shall be liable to perform such work as may
be directed by the superintendent:
Provided that an inmate shall not be required to perform any work, or any work
other than light work, if the medical officer so orders.
PART V – VISITATION
20. Appointment of Board of Visitors
(1) The Minister shall, by notice in the Gazette, appoint a Board of Visitors for
every borstal institution, and may, by notice in the Gazette, revoke any appointment
so made.
(2) A Board of Visitors shall consist of not less than ten persons.
(3) Every Board of Visitors shall meet at least four times in every year.
21. Appointment and duties of After-Care committee
(1) Every Board of Visitors shall appoint from among its members a committee,
to be known as the After-Care Committee, and shall arrange for one or more
members of the committee at least once a month to visit the borstal institution in
respect of which the Board is appointed, for the purpose of—
(a) hearing complaints by the inmates of the borstal institution;
(b) ensuring that the requirement’s of section 4 of this Act have been
complied with and that the management of the borstal institution is
proper in all respects;
(c) examining the punishment book;
(d) ensuring that no person is illegally detained in the borstal institution;
and
(e) bringing any special case and any matter affecting the welfare of
inmates or staff of the notice of the superintendent (who shall inform
the Commissioner), and reporting thereon to the Board of Visitors.
(2) For the purposes of this section, “punishment book” means a book in
which the adjudication of disciplinary offences committed by inmates of a borstal
institution is recorded.
22. Board of Visitors may initiate inquiry as to age
(1) If at any time after a youthful offender has been sent to a borstal institution
it appears to the Board of Visitors or the superintendent that the age of

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the youthful offender is other than that determined by the court and that he was
under the age of fifteen years or had attained the age of eighteen years at the
time of his conviction, the Board of Visitors or the superintendent shall cause the
youthful offender to be taken before a court having jurisdiction to try the offence of
which he was originally convicted so that the question of his age may be inquired
into anew.
(2) Where a court before which a youthful offender is taken under subsection
(1) of this section finds that such youthful offender was at the time of his conviction
under the age of fifteen years or had attained the age of eighteen years, it shall
revoke the order for detention in the borstal institution and may pass such sentence
as the court which tried the youthful offender might have passed on him, but without
prejudice to anything lawfully done under the borstal order:
Provided that the court in passing sentence under this subsection shall take
into consideration the period during which the youthful offender was detained in a
borstal institution.
(3) Notwithstanding anything in this Act, no person shall be detained in a borstal
institution after he has attained the age of twenty-one years.
23. Appointment of ministers
The Minister may, from time to time, by notice in the Gazette, appoint ministers
of any religious faith to be ministers of a borstal institution.
24. Power of Minister, judges and magistrates
(1) The Minister, a judge or a magistrate may at any time visit any borstal
institution and exercise all or any of the powers of the Board of Visitors, and may
enter any observations he thinks fit to make in reference to the condition of the
borstal institution and its inmates in a visitors’ book to be kept for that purpose by
the superintendent; and the superintendent shall inform the Commissioner of any
observations so entered in the visitors’ book.
(2) Deleted by Act No. 10 of 1983, Sch.
[Act No. 10 of 1983, Sch.]

PART VI – ABSENCE FROM BORSTAL INSTITUTIONS

25. Leave of absence
The Commissioner may grant leave of absence to any inmate of a borstal
institution for such period and on such conditions as he may think fit, and may at
any time revoke such leave of absence for breach of its conditions and direct the
inmate to whom the leave was granted to return to the borstal institution.
26. Superintendent may grant licence
(1) The superintendent, on the recommendation of the After-Care Committee,
may by licence under his hand permit any inmate who has been detained in a
borstal institution for a period of not less than twelve months to live under the charge
of a named trustworthy and respectable person who is willing to receive and take
charge of him and to supervise, guide and advise him.
(2) A licence shall remain in force until the expiration of the period for which the
inmate has been directed to be detained, or until cancelled under section 27.

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(3) The time during which an inmate is absent from a borstal institution in
pursuance of a licence shall, except where the licence is cancelled by reason of his
breach of licence be deemed to be part of the time of his detention in the borstal
institution.
27. Revocation of licence
A licence may be revoked by order in writing of the Commissioner—
(a) if the person to whom it was granted has broken any condition of the
licence; or
(b) if the Commissioner and the After-Care Committee consider
revocation of the licence to be in the best interests of the person to
whom it was granted.
PART VII – DISCHARGE AND SUPERVISION
28. Discharge by order of Minister
(1) The Minister may at any time in writing order any inmate to be discharged
from a borstal institution and upon discharge the borstal order made in respect of
that inmate shall cease to have effect.
(2) The superintendent shall be responsible for the due discharge of all inmates
immediately upon their becoming entitled to release.
(3) No inmate under treatment by the medical officer in a borstal institution
shall, except at his own request, be discharged from any borstal institution until, in
the opinion of the medical officer, such discharge can be effected without danger
to the health of such inmate.
29. Supervision after expiration of detention
(1) Every person in respect of whom a borstal order has been made, other
than a person discharged under section 28 or section 48 of this Act, shall, on the
expiration of his period of detention therein, remain for a period of one year, or such
lesser period as the After-Care Committee may recommend, under the supervision
of the superintendent of the borstal institution in which he was last detained, or a
person appointed in writing by the superintendent.
(2) A person while under supervision in pursuance of subsection (1) of this
section shall comply with the written instructions of the superintendent regarding
his place of residence, occupation, activities, conduct and otherwise, and if he fails
to comply with any of those instructions he may be recalled by the Commissioner
to the borstal institution in which he was detained immediately before the expiration
of his period of detention:
Provided that no person shall be recalled unless in the opinion of the
Commissioner such recall is necessary for his well-being.
(3) Any person recalled under subsection (2) of this section may be detained
in the borstal institution for a period not exceeding three months or until the period
of supervision specified in subsection (1) of this section ends, whichever period is
the shorter.
(4) Where under subsection (3) of this section a person is detained in a borstal
institution for a period expiring before the period of his supervision ends, he shall,
on completion of his period of detention, remain under supervision in accordance
with this section, until his period of supervision expires.

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(5) Notwithstanding anything in this section, the Commissioner may at any time
in writing direct that a person who is under supervision in pursuance of this section
shall cease to be under supervision.
PART VIII – OFFENCES BY INMATES OF BORSTAL INSTITUTIONS
30. Borstal institution offences
The Minister may prescribe what acts or omissions by inmates shall be borstal
institution offences.
31. Punishment of inmate by principal borstal officer
The principal borstal officer of a borstal institution may punish any inmate found
after due inquiry by him to be guilty of a borstal institution offence by awarding him
deprivation of one or more of the following privileges for a period not exceeding
seven days—
(a) playing games;
(b) loss of grade;
(c) forfeiture of earnings.
32. Punishment of inmate by superintendent
The superintendent of a borstal institution may punish any inmate found after
due inquiry by him to be guilty of a borstal institution offence by awarding him one
or more of the following punishments—
(a) removal to the penal grade;
(b) deprivation of either or both of the following privileges for a period not
exceeding one month—
(i) playing games;
(ii) earnings;
(c) loss of grade for a period not exceeding three months;
(d) confinement in a room for three days;
(e) such restricted diet as may be prescribed, for a period not exceeding
three days.
33. Punishment of inmate by commissioner
(1) The Commissioner may punish any inmate found after due inquiry by him
to be guilty of a borstal institution offence.
(2) The superintendent on finding an inmate guilty of a borstal institution offence
may, if he is of the opinion that in the circumstances of the case the powers of
punishment he possesses are inadequate, transfer the case to the Commissioner
for punishment.
(3) The superintendent, if he transfers a case to the Commissioner under
subsection (2) of this section, shall forward to the Commissioner—
(a) a copy of the charge;
(b) the record of all the evidence he has taken, including the evidence
of the inmate;

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(c) the reasons why he has found the inmate guilty; and
(d) any representations the inmate wishes to make to the Commissioner
in regard to punishment.
(4) The Commissioner, on receipt of a record forwarded to him under subsection
(3) of this section, may—
(a) punish the inmate; or
(b) reverse the findings of the superintendent and find the inmate not
guilty; or
(c) require the superintendent to take further evidence and submit it to
him before he makes a decision.
(5) The Commissioner may award an inmate one or more of the following
punishments—
(a) any award authorized under section 32 of this Act;
(b) deprivation of privileges;
(c) loss of grade;
(d) confinement in a room for not more than fourteen days;
(e) restricted diet as may be prescribed for a period not exceeding fifteen
days;
(f) corporal punishment not exceeding ten strokes.
34. Inmate’s defence
No inmate shall be punished for a borstal institution offence until he has had an
opportunity of hearing the charge against him and making his defence.
35. Restricted diet
(1) No inmate shall be subjected to restricted diet until certified by a medical
officer or other person appointed for such purpose by the medical officer as
medically fit to undergo it.
(2) A person shall not be required to perform work while he is on a restricted
diet.
36. Corporal punishment
(1) No sentence of corporal punishment shall be carried out until a period of
twenty-four hours has elapsed from the time of the order thereof and a medical
officer has certified that the offender is physically fit to undergo the punishment.
(2) A medical officer may give such orders for the prevention of injury to the
health of the offender ordered to receive corporal punishment as he may deem
necessary, and such orders shall be carried out before the punishment is inflicted;
and if, during the course of the infliction of the punishment, the medical officer
orders it to be discontinued it shall be discontinued accordingly.
(3) Corporal punishment shall not be inflicted upon any female inmate.

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37. Segregation of inmate

Whenever it appears to the superintendent that it is desirable for the good
order and discipline of the borstal institution for an inmate to be segregated and
not to work nor to be associated with other inmates, it shall be lawful for the
superintendent to order the segregation of such inmate for such period as he
considers necessary.
38. Register of punishment
The superintendent shall cause to be entered in a register, which shall be open
to the inspection of the Board of Visitors, a record of all punishments imposed upon
inmates, showing in respect of each inmate punished his name, the nature of his
offence and the extent of his punishment.
PART IX – GENERAL
39. Return of person to borstal institution
(1) Any person in respect of whom a borstal order is in force who—
(a) escapes from the borstal institution in which he is detained, or from
any hospital or other institution to which he has been removed on
account of his physical or mental condition; or
(b) runs away from the person into whose charge he has been entrusted
under a licence; or
(c) fails to return to a borstal institution on the revocation of his licence
under section 27 of this Act or of his leave of absence under section
25 of this Act or on recall under section 29(2) of this Act,
may be arrested without warrant by an authorized officer and taken back to a borstal
institution.
(2) Where any such person as aforesaid has committed any of the acts
mentioned in subsection (1)(a) of this section, the period of his detention in a borstal
institution shall be increased by a period equal to the period during which he was
unlawfully at large.
40. Assisting escape and harbouring
(1) If any person knowingly—
(a) assists or incites a person in respect of whom a borstal order is in
force to commit any of the acts specified in section 39(1) of this Act; or
(b) harbours or conceals such a person who has committed any such act,
or prevents him from returning,
he shall be guilty of an offence and liable to a fine not exceeding five thousand
shillings or to imprisonment for a term not exceeding six months, or to both.
(2) If a court is satisfied, by information on oath, that a person in respect
of whom a borstal order is in force has committed one of the acts specified in
section 39(1) of this Act and that there is reasonable ground for believing that some
other person, named in the information, can produce him, the court may issue a
summons requiring that other person to attend at the court on a day specified in the
summons and produce the person who has committed the act, and if the person
summoned fails without reasonable excuse to comply with the

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summons he shall be guilty of an offence and liable, in addition to any other liability
to which he may be subject under this Act, to a fine not exceeding one thousand
shillings.
41. Trespassing
(1) Any person who without lawful authority enters or remains within the
boundaries of a borstal institution or any place where inmates of a borstal institution
are working shall be guilty of an offence and, if he refuses to leave when requested
to do so, may be arrested without a warrant by a prison officer on the staff of the
borstal institution or a police officer.
(2) Any person who, without authority from the Commissioner—
(a) takes a photograph of any inmate of a borstal institution; or
(b) takes a photograph or makes a sketch, plan or other representation
of any object or person within the precincts of a borstal institution,
shall be guilty of an offence.
(3) Any person who is guilty of an offence under subsection (1) or subsection
(2) of this section shall be liable to a fine not exceeding two thousand five hundred
shillings or to imprisonment for a term not exceeding three months, or to both such
fine and such imprisonment.
42. Power of court to commit borstal inmate to prison
If the Commissioner is of the opinion that any inmate of a borstal institution is
of such a character, or has conducted himself in such a manner, as to render his
detention in such borstal institution to be no longer expedient, he may cause the
inmate to be taken before a court having jurisdiction to try the offence of which
he was originally convicted, and that court may direct that the inmate, instead of
undergoing the residue of his detention in a borstal institution, shall undergo a
term of imprisonment not exceeding three years commencing on the day when the
inmate began his detention in a borstal institution.
43. Procedure on conviction during detention in borstal institution
Except where it is otherwise provided in this Act, where a court convicts a
person of any offence committed during the period of his detention in a borstal
institution and sentences him to a term of imprisonment, such court shall take into
consideration in assessing the length of the term passed the period of that person’s
detention which remained unexpired at the time of such finding or conviction, and
shall cancel the order for his detention in a borstal institution.
44. No interference with control of person on licence or under supervision
(1) When a person is absent from a borstal institution in pursuance of a licence,
or is under supervision in pursuance of section 29 of this Act, no person whatever
shall interfere with the control or supervision conferred in respect of the absent
person by the licence or by the said section, as the case may be.
(2) Any person who contravenes subsection (1) of this section shall be guilty of
an offence and liable to a fine not exceeding two thousand five hundred shillings
or to imprisonment for a term not exceeding three months, or to both.

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45. Removal in custody

A person in respect of whom a borstal order is in force may be removed—
(a) to or from a borstal institution under the borstal order or under a
removal order; or
(b) to or from a hospital or other institution, mental hospital or leper
settlement under section 14, section 15 or section 16 of this Act; or
(c) to or from a court under section 42 or section 47 of this Act,
in the custody of an authorized officer, and while being so removed he shall be
deemed to be in the lawful custody of such officer.
46. Inmate of borstal institution in lawful custody
A person who is detained in a borstal institution by virtue of a borstal order shall
be deemed to be in the lawful custody of the superintendent, and during any period
that he is in any hospital or other institution, a mental hospital or a leper settlement
under section 14, section 15 or section 16 of this Act he shall be deemed to be in
the lawful custody of the officer in charge of the institution.
47. Inmate required as witness
(1) Whenever the presence of any inmate of a borstal institution is required by
any court, such court may issue an order addressed to the superintendent requiring
production before the court of the inmate in proper custody at the time and place
named in the order, and the superintendent shall cause the inmate named in the
order to be brought up as directed, and shall provide for his safe custody during
his absence from the borstal institution.
(2) Every such court may by endorsement on such order require the inmate to
be again brought up at any time to which the matter may be adjourned.
48. Apprenticeship
If it appears to the superintendent that a person has behaved well while
out on licence, the superintendent may on the recommendation of the After-
Care Committee arrange a contract of indentured learnership or a contract of
apprenticeship for him under the Industrial Training Act (Cap. 237), and on
such contract being arranged such person shall be discharged from the borstal
institution.
49. Prohibited articles and communication with borstal inmates
(1) Any person who without lawful authority—
(a) conveys, supplies or causes to be supplied or conveyed to any inmate
of a borstal institution, or hides or places for the use of any such
inmate, any prohibited article; or
(b) places, where inmates of a borstal institution work, any prohibited
article; or
(c) brings out of or takes into any borstal institution any prohibited article;
or
(d) in any manner communicates with any inmate of a borstal institution,
shall be guilty of an offence and liable to a fine not exceeding five thousand shillings
or to imprisonment for a term not exceeding six months, or to both.

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(2) In this section, “prohibited article” means any article contained in a list
which—
(a) specifies the articles which are prohibited in borstal institutions;
(b) is written in English, Swahili and the language which the
superintendent considers to be the local vernacular language;
(c) is signed by the Commissioner or the superintendent on his behalf;
and
(d) is posted in a conspicuous place outside the borstal institution.
50. Seizure of prohibited articles, etc.
Whether or not any criminal or disciplinary proceedings are commenced against
any person, any prison officer on the staff of a borstal institution may seize any
article found to be unlawfully in a borstal institution, and the superintendent may
order its confiscation and it shall thereupon be forfeited.
51. Unlawful possession of public property
Any person who—
(a) is found in possession of any article which has been supplied to a
prison officer on the staff of a borstal institution for use on duty, or of
any property belonging to a borstal institution, and who fails to account
satisfactorily for the possession thereof; or
(b) without lawful authority or excuse purchases any such article or
property from any such officer; or
(c) aids and abets any such officer to sell or dispose of any such article
or property,
shall be guilty of an offence and liable to a fine not exceeding five thousand shillings
or to imprisonment for a term not exceeding six months, or to both.
52. Rules
(1) The Minister may make rules generally for the better carrying out of the
provisions and purposes of this Act, and in particular may make rules for any of
the following purposes—
(a) defining which types of offenders may be sent to particular borstal
institutions;
(b) providing for and regulating the discipline and duties of borstal
institution staff, and prescribing punishments for neglect of duty and
other offences committed by any member of such staff;
(c) regulating the conduct, management and discipline of borstal
institutions;
(d) providing for the maintenance, discipline, treatment and education,
vocational or otherwise, of the inmates of borstal institutions, and
regulating the punishment of inmates for breach of discipline, whether
by loss of privileges, restricted diet, confinement or, in serious cases,
caning;

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(e) providing for the payment of youthful offenders for work done while
detained in borstal institutions, and prescribing the conditions under
which such payments shall be made;
(f) providing for the photographing of the inmates of borstal institutions;
(g) prescribing the manner in which Boards of Visitors shall discharge
their duties;
(h) providing for the construction, equipment and supervision of rooms
and dormitories;
(i) regulating the mode and kind of labour and employment;
(j) making provision for the disposal of articles made by inmates of a
borstal institution;
(k) prescribing the method of disposal of inmates’ property left unclaimed
for a prescribed period, including its sale and the disposal of the
proceeds of such sale.
(2) Rules made under this section may make different provision concerning
different borstal institutions or different classes of borstal institutions or different
parts of borstal institutions.
53. Amendment of Act 49 of 1962
Section 67(1) of the Prisons Act, 1962, is amended by adding at the end of
paragraph (a) of the proviso thereto the expression “a borstal institution as defined
in the Borstal Institutions Act, 1963; or”.

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