Community Service Orders Act

LAWS OF KENYA
THE COMMUNITY SERVICE ORDERS ACT
CAP. 93
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Community Service Orders Act
Cap. 93
Legislation as at 31 December 2022
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Community Service Orders Act (Cap. 93)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
Part II – COMMUNITY SERVICE ORDERS .................................................................................................................................................... 2
3. Community service orders .................................................................................................................................................................... 2
4.

................................................................................................................................................. 2
4.

Obligations of person subject to community service order ..................................................................................................... 3
5. Breach of community service orders ................................................................................................................................................ 3
6. Review and variation of community service orders .................................................................................................................... 4
Part III – MANAGEMENT AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS ................................................................... 4
7. The National Community Service Orders Committee ................................................................................................................. 4
8. Functions of the National Committee .............................................................................................................................................. 5
9. Executive Committee ..............................................................................................................................................................................

......................................................................................................................................................

5
10. National Co-ordinator .......................................................................................................................................................................... 6
11. District, divisional and locational community service orders committees ....................................................................... 6
12. Community service officers ................................................................................................................................................................ 6
13. Supervising officers ............................................................................................................................................................................... 6
Part IV – MISCELLANEOUS .............................................................................................................................................................................. 6
14. [Spent] ........................................................................................................................................................................................................ 6
15.

................................................................................................................................................ 6
15.

[Spent] ........................................................................................................................................................................................................ 6
16. [Spent] ........................................................................................................................................................................................................ 6
17. Regulations ............................................................................................................................................................................................... 6
FIRST SCHEDULE [s. 9(2)] ................................................................................................................................................................................. 7
SECOND SCHEDULE [s. 12(3)] ......................................................................................................................................................................... 7

.................................................................................................................................................... 7

Community Service Orders Act (Cap. 93) Kenya
COMMUNITY SERVICE ORDERS ACT
CAP. 93
Published in Kenya Gazette Vol. CI—No. 41 on 23 July 1999
Assented to on 31 December 1998
Commenced on 8 January 1999
[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]
An Act of Parliament to introduce and regulate community service by offenders in certain cases, and for
connected and incidental purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Community Service Orders Act. 2.

ain cases, and for
connected and incidental purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Community Service Orders Act. 2.

Interpretation
In this Act unless the context otherwise requires—
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to
correctional services;
"community service officer" means a community service officer within the meaning of section 12;
"community service order" means an order made under section 3;
"court" means the court which made a community service order and includes a court within whose
jurisdiction an offender may be residing while serving under a community service order;
"Minister" deleted by Act No. 18 of 2018, Sch.;
"National Committee" means the National Community Service Orders Committee established under
section 7;
"offender" means a person convicted and sentenced by a court for an offence under any written law;
"Permanent Secretary" deleted by Act No. 18 of 2018, Sch.;
"Principal Secretary" means the Principal Secretary in the Ministry for the time being responsible for
matters relating to correctional services;
"supervising officer" means an officer appointed under section 13 to supervise an offender performing
community service under this Act. [Act No. 11 of 2017, Sch., Act No. 18 of 2018, Sch.]
1

ppointed under section 13 to supervise an offender performing
community service under this Act. [Act No. 11 of 2017, Sch., Act No. 18 of 2018, Sch.]
1

Community Service Orders Act (Cap. 93) Kenya
Part II – COMMUNITY SERVICE ORDERS
3. Community service orders
(1) Where any person is convicted of an offence punishable with—
(a) imprisonment for a term not exceeding three years, with or without the option of a fine; or
(b) imprisonment for a term exceeding three years but for which the court determines a term of
imprisonment for three years or less, with or without the option of a fine, to be appropriate,
the court may, subject to this Act, make a community service order requiring the offender to
perform community service. (2) (a) Community service shall comprise unpaid public work within a community, for the benefit
of that community, for a period not exceeding the term of imprisonment for which the court
would have sentenced the offender.

mmunity, for the benefit
of that community, for a period not exceeding the term of imprisonment for which the court
would have sentenced the offender.

(b) For the purposes of this Act, public work shall include but not be limited to—
(i) construction or maintenance of public roads or roads of access;
(ii) afforestation works;
(iii) environmental conservation and enhancement works;
(iv) projects for water conservation, management or distribution and supply;
(v) maintenance work in public schools, hospitals and other public social service
amenities;
(vi) work of any nature in a foster home or orphanage;
(vii) rendering specialist or professional services in the community and for the benefit of
the community,
and the nature or type of public work shall, in any particular case, be determined by the court after
consultation with the community service orders committee. (3) Where a court determines that a community service order should be made, it shall, before making
the order, direct a community service officer to conduct an inquiry into the circumstances of the
case and of the offender and report the findings to the court. (4) An inquiry under subsection (3) shall be conducted in such manner and the report shall be in such
form and cover such matters as may be prescribed.

4) An inquiry under subsection (3) shall be conducted in such manner and the report shall be in such
form and cover such matters as may be prescribed.

(5) A court shall not make an order under this section in respect of an offender unless the offender is
present and the court is satisfied—
(a) that adequate arrangements exist for the execution of the order; and
(b) after considering the report made under subsection (3) and, where necessary, after hearing
the community service officer, that the offender is a suitable person to perform community
service under the order. (6) Where a court makes an order under this section in respect of two or more offences committed by
the same offender, the court may direct that the period of community service specified in any of
those orders shall be concurrent with or in addition to that specified in any other order. (7) The court which makes a community service order shall forthwith give copies of the order to the
community service officer of the area where the offender resides or will reside during the period of
the order and the community service officer shall give a copy of the order each to the offender and
to the supervising officer. 2

during the period of
the order and the community service officer shall give a copy of the order each to the offender and
to the supervising officer. 2

Community Service Orders Act (Cap. 93) Kenya
(8) Before making an order under this section, the court sentencing an offender shall explain to the
offender in a language that he understands—
(a) the purpose and effect of the order and in particular, his obligations under section 4;
(b) the consequences specified in section 5 for failure to comply with the order or with any of the
requirements of that section; and
(c) the powers of the court under section 6 to review the order on application either by the
offender or of a community service officer.

section; and
(c) the powers of the court under section 6 to review the order on application either by the
offender or of a community service officer.

(9) Where a person is convicted of an offence, and is placed under a Community Service Order,
such conviction shall be disregarded for the purpose of any enactment by or under which any
disqualification or disability is imposed upon convicted persons or by or under which provision is
made for a different penalty in respect of an offence committed after a previous conviction:
Provided that if the original order is set aside and the offender is sentenced for the original offence,
this section shall cease to apply in respect of that offence, and the offender shall be deemed for
purposes of any enactment imposing a disqualification to have been convicted on the date of
sentence. (10) Subsection (1) of this Act shall not apply to a person who is convicted under the following
legislation—
(a) the Anti-Corruption and Economic Crimes Act (Cap. 65);
(b) the Sexual Offences Act (Cap. 63A);
(c) the Prohibition of Female Genital Mutilation Act (Cap. 62B);
(d) the Prevention of Terrorism Act (Cap. 59B);
(e) the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); or
(f) the Bribery Act (Cap. 79B). [Act No. 18 of 2018, Sch.]
4.

m Act (Cap. 59B);
(e) the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); or
(f) the Bribery Act (Cap. 79B). [Act No. 18 of 2018, Sch.]
4.

Obligations of person subject to community service order
(1) A person who is subject to a community service order shall—
(a) report to the supervising officer specified in the order for assignment of work; and
(b) perform, for the period specified in the order, such work, at such times and at such place as
he may be instructed by the supervising officer; and
(c) report to the supervising officer any change of address which may occur from time to time. (2) A supervising officer shall, as far as practicable, avoid giving instructions under this section which
conflict with the offender’s religious beliefs. 5.

upervising officer shall, as far as practicable, avoid giving instructions under this section which
conflict with the offender’s religious beliefs. 5.

Breach of community service orders
If an offender commits a breach of or fails to comply with any of the conditions or requirements of a
community service order, the court may, on the application of the area community service officer or
supervising officer, issue summons to the offender to appear before the court at the time specified in the
summons or issue a warrant of arrest for the offender to be arrested and brought before the court, as the
case may be, and the court may, after hearing the offender, do any of the following—
(a) caution the offender and require the offender to comply with the order; or
(b) amend the order in such manner as may suit the circumstances of the case; or
3

the offender and require the offender to comply with the order; or
(b) amend the order in such manner as may suit the circumstances of the case; or
3

Community Service Orders Act (Cap. 93) Kenya
(c) revoke the order and impose any other sentence under the law as the court deems appropriate. 6. Review and variation of community service orders
(1) Subject to subsection (4), an offender may seek a review of a community service order in any
material point by informing the community service officer or supervising officer in writing of the
material particulars upon which such review is sought. (2) Where the review of an order is sought under subsection (1), the community service officer
or supervising officer shall apply to the court in the prescribed form setting out the material
particulars specified under that section and the court may suitably review or vary the community
service order:
Provided that—
(a) in special circumstances, the offender may make the application to the court without prior
reference to the community service officer or the supervising officer; and
(b) the community service officer or the supervising officer may apply for review for any
justifiable reason.

officer or the supervising officer; and
(b) the community service officer or the supervising officer may apply for review for any
justifiable reason.

(3) Where the review or variation of an order under subsection (1) results in change of residence of
the offender, the court varying the order shall inform the court having jurisdiction for the area
where the offender intends to reside, and shall cause copies of the community service order to be
presented to court within whose jurisdiction the offender will reside and to the community service
officer of the area. (4) A review of an order under this section shall not be necessary where an offender changes residence
without affecting a subsisting order or without leaving the jurisdiction of the court which made the
order. Part III – MANAGEMENT AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS
7.

ting order or without leaving the jurisdiction of the court which made the
order. Part III – MANAGEMENT AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS
7.

The National Community Service Orders Committee
(1) There shall be a committee to be known as the National Community Service Orders Committee (in
this Act referred to as "the National Committee") which shall consist of—
(a) a chairperson who shall be a judge of the High Court appointed by the Chief Justice;
(b) the Director of Public Prosecutions or his nominee;
(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to
the interior and co-ordination of national government;
(d) the Principal Secretary in the Ministry for the time being responsible for matters relating to
public works or his nominee;
(e) the Inspector-General of Police or his nominee;
(f) the Commissioner-General of Prisons or his nominee;
(g) deleted by Act No. 18 of 2018, Sch.;
(h) the Director of Children Services;
(i) a nominee of the Council of the Law Society of Kenya;
(j) two persons with training and experience in the criminal justice system, one of whom shall
have experience in the teaching of law and the other shall be a magistrate of the first class,
both appointed by the Chief Justice;
4

ne of whom shall
have experience in the teaching of law and the other shall be a magistrate of the first class,
both appointed by the Chief Justice;
4

Community Service Orders Act (Cap. 93) Kenya
(k) the National Community Service Orders Co-ordinator; and
(l) five members appointed by the Cabinet Secretary from a panel of not less than seven names
submitted by the National Committee and of whom two shall be representatives of non-
governmental organizations involved in social welfare work and registered under the Non-
Governmental Organizations Co-ordination Act (Cap. 134) for such objectives. (1A) The Director of Probation shall be the Vice-Chairperson of the Committee. (2) The National Committee may, at any time co-opt not more than three persons whose assistance
or advice it requires or considers necessary in the discharge of its functions, to serve on the
Committee for such period as it thinks fit. (3) Deleted by Act No. 18 of 2018, Sch. (4) Every nomination by a member under paragraphs (b), (c), (d), (e) (f) and (i) of subsection (1) shall be
made in consultation with and with the written approval of the chairperson. (5) The members appointed under paragraphs (j) and (l) of subsection (1) shall serve for terms of three
years each but shall be eligible for re-appointment.

e members appointed under paragraphs (j) and (l) of subsection (1) shall serve for terms of three
years each but shall be eligible for re-appointment.

(6) The conduct and regulation of the business and affairs of the National Committee shall be as
provided in this Act, but subject thereto, the Committee shall regulate its own procedure. [Act No. 11 of 2017, Sch., Act No. 18 of 2018, Sch.]
8. Functions of the National Committee
(1) The functions of the National Committee shall be to—
(a) advise the Cabinet Secretary and the Chief Justice generally on the proper administration of
this Act or on any other matters relating to community services;
(b) co-ordinate, direct and supervise the work of community service officers;
(c) collect and collate data on the operation of this Act for the purpose of improving the national
policy on community service orders. (2) Without prejudice to subsection (1), the National Committee may, through the chairman, advise
the Chief Justice on any need for enhanced application of the provisions relating to revision under
the Criminal Procedure Code (Cap. 75) so that the courts may make better use of community service
orders in the appropriate cases. [Act No. 18 of 2018, Sch.]
9.

al Procedure Code (Cap. 75) so that the courts may make better use of community service
orders in the appropriate cases. [Act No. 18 of 2018, Sch.]
9.

Executive Committee
(1) There shall be an executive committee of the National Committee which shall consist of—
(a) the chairman of the National Committee who shall be the chairman;
(b) the vice-chairman of the National Committee;
(c) the Director of Probation;
(d) the National Co-ordinator appointed under section 10 who shall be the secretary; and
(e) one other member appointed by the National Committee. (2) Subject to any directions which may be made by the committee, the functions of the executive
committee shall be as specified in the First Schedule. 5

Subject to any directions which may be made by the committee, the functions of the executive
committee shall be as specified in the First Schedule. 5

Community Service Orders Act (Cap. 93) Kenya
10. National Co-ordinator
(1) There shall be a National Community Service Orders Co-ordinator (in this Act referred to as "the
National Co-ordinator") who shall be appointed by the Chief Justice for a period of three years, but
shall be eligible for re-appointment. (2) The National Co-ordinator shall also be the chief community service officer and the secretary to the
National Committee. (3) The National Committee may delegate to the National Co-ordinator such of its functions under
this Act as are necessary to enable him transact or perform the day to day business of the National
Committee. (4) If the National Co-ordinator is absent or incapacitated for any reason, the Chief Justice shall
appoint a person to act in his place during such absence or incapacity. 11. District, divisional and locational community service orders committees
The Cabinet Secretary shall, in consultation with the National Committee, by order published in the
Gazette, establish community service orders committees at district, divisional and locational levels
comprising such members and to perform such functions as may be prescribed in the order. 12.

committees at district, divisional and locational levels
comprising such members and to perform such functions as may be prescribed in the order. 12.

Community service officers
(1) The probation officers appointed under the Probation of Offenders Act (Cap. 64) shall be
community service officers for the purposes of this Act. (2) The Cabinet Secretary may, in consultation with the National Committee, appoint such additional
community service officers as may be necessary for the purposes of this Act. (3) A community service officer shall perform the duties specified in the Second Schedule. (4) A community service officer other than a public officer shall receive such remuneration for services
rendered under this Act as the Cabinet Secretary, after consultation with the National Committee
and the Cabinet Secretary responsible for finance, shall determine. 13. Supervising officers
For the purposes of supervising offenders under this Act the court shall, in consultation with the relevant
community service Orders Committee, appoint supervising officers and one supervising officer may be
appointed for several offenders. Part IV – MISCELLANEOUS
14. [Spent]
15. [Spent]
16. [Spent]
17.

pervising officers and one supervising officer may be
appointed for several offenders. Part IV – MISCELLANEOUS
14. [Spent]
15. [Spent]
16. [Spent]
17.

Regulations
The Cabinet Secretary, in consultation with the National Committee, may make regulations generally for
the better carrying out of the purposes of this Act and in particular but without prejudice to the generality
of the foregoing power, such regulations may provide for—
(a) any matter which requires to be prescribed under this Act;
6

prejudice to the generality
of the foregoing power, such regulations may provide for—
(a) any matter which requires to be prescribed under this Act;
6

Community Service Orders Act (Cap. 93) Kenya
(b) the constitution and duties of community service orders committees;
(c) any question or matter relevant to the appointment of any person for purposes of supervising
offenders under this Act. [Act No. 18 of 2018, Sch.]
FIRST SCHEDULE [s. 9(2)]
FUNCTIONS OF THE EXECUTIVE COMMITTEE
1. Functions
The Executive Committee shall be responsible for—
(a) the supervision of the day to day running of the secretariat;
(b) the collection, storage and dissemination of data relating to the implementation of community
service orders;
(c) transmitting to and advising the community service orders committees on the policies formulated
by the National Committee;
(d) undertaking educational activities aimed at sensitising members of the public and criminal justice
agencies on the role and purpose of community service orders;
(e) co-ordinating with other agencies on matters relating to and beneficial to community service; and
(f) any other duties that may be assigned to it by the National Committee from time to time. 2. Meetings
(a) The Committee shall have power to regulate and determine its own procedure and the quorum at its
meetings.

ommittee from time to time. 2. Meetings
(a) The Committee shall have power to regulate and determine its own procedure and the quorum at its
meetings.

(b) Subject to any requirement as to quorum, the Committee may act notwithstanding any vacancy
among its members. (c) The Committee shall meet at least four times a year. (d) The Committee may in its discretion invite any person who is not a member to attend any of its
meetings, but such person shall not take part in decision making. SECOND SCHEDULE [s. 12(3)]
DUTIES OF COMMUNITY SERVICE OFFICERS
Community Service Officers shall perform the following duties—
(a) identify suitable work placements;
(b) oversee the work and progress of offenders;
(c) ensure that community service orders are complied with and that the scheme works smoothly;
(d) apply to the court for review of orders;
(e) facilitate or promote reconciliation of offenders and the community;
(f) ensure that safety conditions are satisfactory for both the community and the offenders serving under
community service orders;
(g) guard against discriminatory practices in dealing with offenders;
7

r both the community and the offenders serving under
community service orders;
(g) guard against discriminatory practices in dealing with offenders;
7

Community Service Orders Act (Cap. 93) Kenya
(h) maintain confidentiality of information on or relating to offenders;
(i) undertake counselling of offenders for rehabilitation and liaise with any other persons or organisations of
persons dealing with similar problems;
(j) keep an up-to-date record of offenders’ performance and appraisal of the same;
(k) submit periodic reports to appropriate or relevant community Service Orders Committees and the Co-
ordinator in respect of offenders;
(l) provide pre-sentence reports to the court; and
(m) co-ordinate the activities of the Committees and the courts in relation to commuting service orders.
8