Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018
LAWS OF KENYA
PROBATION OF OFFENDERS ACT
CAP. 64
- Assented to on 20 December 1943
- Commenced on 20 December 1943
- [Amended by Probation of Offenders (Amendment) Act, 1948 (Act No. 44 of 1948) on 24 July 1948]
- [Amended by Transfer of Powers (Minister for Community Development) (No. 1) Order, 1957 (Legal Notice 379 of 1957) on 16 July 1957]
- [Amended by Transfer of Powers (Minister for Community Development) (No. 2) Order, 1957 (Legal Notice 380 of 1957) on 16 July 1957]
- [Amended by Probation of Offenders Act- Power to make Probation Orders, 1960 (Legal Notice 27 of 1960) on 12 January 1960]
- [Amended by Transfer of Powers (Variation) (No. 2) Order, 1960 (Legal Notice 172 of 1960) on 19 April 1960]
- [Amended by Transfer of Powers (Variation) (No. 3) Order, 1960 (Legal Notice 173 of 1960) on 19 April 1960]
- [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Ordinance, 1961 (Act No. 28 of 1961) on 26 December 1961]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 7 January 1964]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title and application
This Act may be cited as the Probation of Offenders Act and shall apply to such areas, and from such date, as the Cabinet Secretary may, by order, from time to time declare.[L.N. 379/1957, L.N. 172/1960.]2. Interpretation
In this Act—"Director" means the Director of Probation whose office is within the Public Service;"Cabinet secretary" means the Cabinet Secretary responsible for matters relating to probation and after-care services;"pre-sentence inquiry reports" means the reports on accused persons or offenders prepared by probation officers under this Act or any other law in force for purposes of criminal justice administration;“probationer” means a person placed under supervision by a probation order;“probation officer” means a probation officer appointed under section 16;“probation order” means an order made under this Act placing a person under the supervision of a probation officer.[Act No. 56 of 1955, s. 2, Act No. 11 of 2017, Sch., Act No. 18 of 2018, Sch.]3. Spent.
4. Power of court to permit conditional release of offenders
5. Probation order
6. Further provisions where probation order made
Where a person is placed by a probation order under the supervision of a probation officer, the order shall be without prejudice to the powers of the court, under any law for the time being in force, to order the offender to pay costs, and such damages for injury or compensation for loss as the court may think reasonable.7. Commission of further offences by probationer
8. Failure by probationer to comply with probation order
9. Probation order: disqualification or disability
10. Transmission of documents when case is remitted to another court
Where a probationer is committed to custody or released on bail by a magistrate until he can be brought or appear before the court which made the probation order, the magistrate shall transmit to that court such particulars of the case as he thinks desirable, and, where the probationer has been convicted of a subsequent offence by a magistrate, the magistrate shall transmit to that court a certificate to that effect signed by him, and for the purposes of proceedings in the court to which it is transmitted any such certificate, if purporting to be so signed, shall be admissible as evidence of the conviction.11. Amendment of probation order
12. Discharge of probation order
13. Transmission of copies of orders for amendment or discharge of probation orders
Where an order is made for the amendment or discharge of a probation order, the clerk or other officer of the court by which the order is made shall furnish two copies of the order to the Director, one copy of which shall be given by the principal probation officer to the probationer.[Act No. 18 of 2018, Sch.]14. Selection of probation officers
15. Contributions towards institutions
Such contributions may be made towards the establishment or maintenance of institutions for the reception of persons placed under the supervision of probation officers as Parliament may approve.16. Appointments
17. Rules
The Cabinet Secretary may make rules prescribing—18. Delegation of powers
The Director may in writing delegate all or any of his powers, duties or functions in relation to any probationer, to any probation officer who is responsible for the supervision of the probationer.[Act No. 18 of 2018, Sch.]History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
18 January 2019
04 May 2017
07 January 1964
26 December 1961
19 April 1960
12 January 1960
24 July 1948
Amended by
Probation of Offenders (Amendment) Act, 1948
20 December 1943
Assented to
Commenced
Cited documents 0
Documents citing this one 124
Judgment 118
Act 3
1. | Prisons Act | 71 citations |
2. | Penal Code | 28 citations |
3. | Protection Against Domestic Violence Act | 19 citations |
Legal Notice 3
1. | The National Police Service Standing Orders | 2 citations |
2. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
3. | The Statutory Instruments (Exemption from Expiry) Regulations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Probation of Offenders Act- Jurisdiction of African Courts, 1956 | Legal Notice 152 of 1956 | 31 December 2022 |
The Probation of Offenders Act - Proclamation | Legal Notice 29 of 1950 | 31 December 2022 |