EACC presents findings of systems review to the State Department of Correctional Services
23;09:2024: EACC has presented a report on the review of the systems, policies, and practices in Probation and Aftercare Services (PACS) to the Principal Secretary of the State Department of Correctional Services, Dr Salome Muhia-Beacco.
The review, which was conducted between February 5, 2024, and March 22, 2024, was carried out at the PACS Headquarters and in nine regional offices, 14 county offices, 14 probation stations, and nine probation institutions.
The review found, among others, that PACS lack legal frameworks to support some functions, including empowerment, victim support, diversion, restorative justice, and alternative justice system programmes to which it recommends the development and implementation of subsidiary legislation as per Section 17 of the Probation of Offenders Act (Cap 64) and Statutory Instruments Act (Cap 2A).
It also flagged the lack of automation to facilitate integration with the New Judiciary and the Power of Mercy Advisory Committee (POMAC) online system to receive referrals and file probation reports. To this end, it recommends that PACS leverage technology to automate its processes and invest in the requisite ICT infrastructure and related accessories.
The report also highlights that PACS lacks a corruption prevention framework. It had, for instance, not prepared a comprehensive bribery and corruption risk assessment and mitigation plan, had not established Corruption Prevention Committee and Integrity Assurance Committees, and procedures for preventing bribery and corruption as per section 9 of the Anti-Bribery Act, 2016. The conflict of interest and gifts register had also not been cascaded to all sections, probation offices, and institutions as required under regulations 12 and 6 of the Leadership and Integrity Regulations, 2015. The report recommends a review of the anti-corruption framework by aligning it to the National Ethics and Anti-Corruption Policy, Sessional Paper No. 2 of 2018, the Anti-Bribery Act, 2016, and the Leadership and Integrity Act, 2012, and implementation of the EACC guidelines for establishment and operationalization of the Corruption Prevention Committee
Receiving the report today, September 23, 2024, at her offices at Teleposta Towers, Dr. Mwihia appreciated its depth and added that it would guide them to improve their standards, especially in procurement and conflict of interest.
She thanked the EU and UONDC for supporting the project and the EACC for being thorough. She also asked the EACC not to abandon the PACS after the stipulated implementation period but to follow through and walk with them until they tighten their systems and make PACS a premier institution for others to emulate
While handing over the report, EACC Vice Chairperson Dr. Monica Muiru called on PACS to embrace the report’s findings and focus on promptly implementing the recommendations.
Also present were the Director of Preventive Services, Mr Vincent Okong’o; his Deputy, Ms. Neema Mkorori; Secretary of Probation and Aftercare Services, Dr Christine Obondi; and Head of Section, Governance and Macroeconomics Delegation of the EU to Kenya, Mr Alexandre Baron and the representatives of the United Nations Office on Drugs and Crime (UNODC). The two development partners, the EU and the UNODC sponsored the project.
