CAP. 90
Prisons
[Rev. 2012]
(2) A prisoner taken from a prison in pursuance of an order made under this
section shall, whilst outside the prison, be kept in such custody, including police
custody, as the officer in charge may direct and whilst in that custody shall be
deemed to be in lawful custody.
(3) Prisoners on remand or committal for trial, who are required to attend any
court, may be taken for that purpose into police custody, at the prison to which they
have been committed, and shall remain under police supervision and guard until
returned to the prison or discharged by the court.
34. Prisoners to be subject to prison discipline
Every prisoner shall be subject to prison discipline and to this Act and all rules,
orders and directions made thereunder during the whole time of his imprisonment,
whether he is or is not within the precincts of any prison.
35. Maintenance of certain prisoners from private sources
(1) A civil prisoner or an unconvicted person may be permitted to maintain
himself and to purchase or receive from private sources, at proper hours, food,
clothing or other necessaries, but subject to examination and to such other
conditions as the Commissioner may direct.
(2) No food, clothing or other necessaries belonging to a civil prisoner or an
unconvicted person shall be given, hired, loaned or sold to any other prisoner; and
any prisoner or person contravening the provisions of this section shall be liable
to lose the privilege of purchasing or receiving food, clothing or other necessaries
from private sources for such time as the officer in charge may think proper.
(3) If a civil prisoner or an unconvicted person does not provide himself with
food or clothing, or if such food or clothing is in the opinion of the officer in
charge unsatisfactory, such prisoner or person shall receive the prescribed food
and clothing.
36. Female prisoners to be kept apart
Male and female prisoners shall be confined in separate prisons, or in separate
parts of the same prison in such manner as to prevent, as far as practicable, their
seeing or conversing or holding any communication with each other.
37. Prisoners may be removed to any prison
A prisoner may be removed from any prison to any other prison from time to
time at the Commissioner’s discretion.
38. Removal of prisoners of unsound mind
(1) Whenever a medical officer is of the opinion that any prisoner is of unsound
mind, he may, by order under his hand in the form prescribed, direct that such
prisoner be removed to any mental hospital in Kenya and be there detained, and
such order shall be authority for the reception of the prisoner and for his detention
in such mental hospital until removed or discharged as hereinafter provided.
[Issue 1]
P30 - 17
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