CAP. 90
Prisons
[Rev. 2012]
13. Power to take photographs, fingerprints, etc., of prisoners
An officer in charge may cause photographs, measurements, footprints and
casts thereof, palm prints and fingerprints to be taken of any prisoner by any prison
officer or other person authorized by the Commissioner in that behalf, and where
any person refuses to permit his photographs, measurements, footprints or casts
thereof, palm prints or fingerprints to be taken, the officer may use or cause to
be used such force as may be necessary to secure the photographs, footprints or
casts thereof, palm prints or finger prints as the case may be:
Provided that the photographs, measurements, footprints and casts thereof,
palm prints and fingerprints of a prisoner who is not subsequently convicted shall
be destroyed upon the prisoner’s release by the court.
14. Non-liability for act done under authority of a warrant
(1) Where the defence to any suit instituted against a prison officer is that the
act complained of was done in obedience to a warrant purporting to be issued by a
court or other competent authority, the court shall, upon production of the warrant
and upon proof that the act complained of was done in obedience to such warrant,
enter judgment in favour of such prison officer.
(2) No proof of the signature on a warrant shall be required unless the court
has reason to doubt the genuineness thereof; and where it shall be proved that
such signature is not genuine, judgment shall nevertheless be given in favour of a
prison officer if it is proved that, at the time the act complained of was committed,
he believed on reasonable grounds that the signature was genuine.
PART IV – OFFENCES BY PRISON OFFENCES
15. Prison officers not to leave Service without permission
(1) No prison officer shall leave the Service, withdraw himself from duty or be
absent without leave unless expressly permitted to do so by the Commissioner or
by some other prison officer authorized to grant such permission.
(2) Any prison officer who leaves the Service, withdraws himself from duty or is
absent without leave or deserts the Service shall be guilty of an offence and 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.
16. Prison officers to be subject to Code of Regulations
Every prison officer shall be subject to the provisions of the Code of Regulations
for Officers of the Government Service for the time being in force, so far as the
same are not inconsistent the provisions of with this Act or of any rules or standing
orders made thereunder.
17. Assault on officer senior in rank
Any prison officer who assaults, threatens or insults any officer senior to him
in the Service, when such senior officer is on duty or when such assault, threat
or insult relates to or is consequent upon the discharge of duty by the officer so
assaulted, threatened or insulted, shall be guilty of an offence and 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.
[Issue 1]
P30 - 11