[Rev. 2012]
Prisons
CAP. 90
"public work"means work performed in any department of the Government,
the Organization or any service administered by it, or any local authority.
(9) Any person in respect of whom an order to perform public work is made
under subsection (1) of this section and who—
(a) fails without reasonable cause or excuse to report as ordered under
subsection (2) of this section; or
(b) fails without reasonable cause or excuse to present himself for work
at the appointed place and hour; or
(c) absents himself without reasonable cause or excuse from his task; or
(d) fails to accomplish without reasonable cause or excuse a day's task;
or
(e) is otherwise found by the court to have been unsatisfactory in his
conduct,
shall be guilty of an offence and, notwithstanding any action taken by the
authorized officer under subsection (6) of this section. shall be liable to a fine not
exceeding two thousand shillings or to imprisonment for a term not exceeding six
months or to both such fine and such imprisonment.
[Act No. 10 of 1969, Sch.]
PART XII
68. Extra mural penal employment may be ordered in lieu of imprisonment
or detention
(1) Where in any declared area, a prisoner is—
(a) sentenced to imprisonment for a term not exceeding six months; or
(b) committed to imprisonment for non-payment of any fine,
compensation, costs or other sum adjudged to be paid under any
written law; or
(c) sentenced to detention under the Detention Camps Ordinance,
the court so sentencing or committing that person may order that he shall
perform public work, in accordance with this Part, outside a prison or detention
camp, as the case may be, for the duration of such imprisonment or detention.
(1A) The Commissioner shall, upon being satisfied that a prisoner serving a
term of imprisonment or detention is of good conduct and industry and whose
remaining balance of sentence does not exceed six months, order the prisoner to
report to an authorized officer of the district in which his home is situated for the
purpose of performing public work for the duration of the remainder of his sentence.
(2) Upon making an order under subsection (1) of this section the court shall
order the person in respect of whom the order is made to report forthwith to an
authorized officer of the district in which it is sitting.
(3) Any officer to whom a person reports in pursuance of an order made under
subsection (1) of this section shall notify such person or cause him to be notified
of the hours, place, nature and any other necessary details of the public work to
be performed by such person.
(4) Any person who, having been ordered to perform public work as aforesaid,
is found by a medical officer to be medically unfit to perform such work shall be
removed to prison or to a detention camp, as the case may require, and shall there
P30 - 27
[Issue 1]
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