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CHAPTER 58
PRISONS ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Prisons Service (Specification of Ranks) Notice

        The Prisons (Appointment of Visiting Justices) Notices

    ORDERS

        The Prisons (Cancellation of Prison) (Bagamoyo Township Prison) Order

        The Prisons (Grant of Remission) Orders

        The Prisons (Declaration of Prisons) Orders

        The Prisons (Grant of Additional Special Remission) Orders

    REGULATIONS

        The Prisons (Restraint of Prisoners) Regulations

        The Prisons (Extra-Mural Penal Employment) Regulations

        The Prisons (Prison Offences) Regulations

        The Prisons (Prison Management) Regulations

NOTICES

THE PRISONS SERVICE (SPECIFICATION OF RANKS) NOTICE

(Section 3)

[15th November, 1997]

G.N. No. 722 of 1997

    1. This Notice may be cited as the Prisons Service (Specification of Ranks) Notice.

    2. The Tanzania Prisons Service shall consist of the following ranks of Senior and Subordinate Prison Officers which are hereby specified in order of seniority:

    Senior Prison Officers:

    – Principal Commissioner

    – Commissioner

    – Deputy Commissioner

    – Senior Assistant Commissioner

    – Assistant Commissioner

    – Senior Superintendent

    – Superintendent

    – Assistant Superintendent

    Subordinate Prison Officers:

    – Inspector

    – Assistant Inspector

    – Regimental Sergeant Major

    – Staff Sergeant

    – Corporal

    – Warder/Wardress

    – Recruit Warder/Wardress

    3. [Revokes the Prisons Service (Specification of Ranks) Notices No. 20 of 1968, No. 51 of 1969 and No. 683 of 1995.]

THE PRISONS (APPOINTMENT OF VISITING JUSTICES) NOTICES

(Section 101)

[Omitted.]

G.N. No. 141 of 1968

The Prisons (Appointment of Visiting Justices) (Kilimanjaro Region ) Notice, 1968.

G.N. No. 154 of 1968

The Prisons (Appointment of Visiting Justice) (West Lake Region) Notice, 1968.

G.N. No. 185 of 1968

The Prisons (Appointment of Visiting Justices) (Dodoma Region) Notice, 1968.

G.N. No. 193 of 1968

The Prisons (Appointment of Visiting Justices) (Mara Region) Notice, 1968.

G.N. No. 195 of 1968

The Prisons (Appointment of Visiting Justices) (Ruvuma Region) Notice, 1968.

G.N. No. 214 of 1968

The Prisons (Appointment of Visiting Justices) (Singida Region) Notice, 1968.

G.N. No. 226 of 1968

The Prisons (Appointment of Visiting Justices) (Mwanza Region) Notice, 1968.

G.N. No. 227 of 1968

The Prisons (Appointment of Visiting Justice) (Tabora Region) Notice, 1968.

G.N. No. 287 of 1968

The Prisons (Appointment of Visiting Justices) (Iringa Region) Notice, 1968.

G.N. No. 296 of 1968

The Prisons (Appointment of Visiting Justices) (Shinyanga Region) Notice, 1968.

G.N. No. 342 of 1968

The Prisons (Appointment of Visiting Justices) (Kigoma Region) Notice, 1968.

G.N. No. 343 of 1968

The Prisons (Appointment of Visiting Justice) (Kilimanjaro Region) Notice, 1968.

G.N. No. 368 of 1968

The Prison (Appointment of Visiting Justices) (Mtwara Region) Notice, 1968.

G.N. No. 369 of 1968

The Prisons (Appointment of Visiting Justices) (Morogoro Region) Notice, 1968.

G.N. No. 417 of 1968

The Prisons (Appointment of Visiting Justices) (Arusha Region) Notice, 1968.

G.N. No. 439 of 1968

The Prisons (Appointment of Visiting Justices) (Tanga Region) Notice, 1968.

G.N. No. 84 of 1969

The Prisons (Appointment of Visiting Justices) (Mbeya Region) Notice, 1969.

G.N. No. 95 of 1969

The Prisons (Appointment of Visiting Justices) (Mwanza Region) Notice, 1969.

G.N. No. 127 of 1969

The Prisons (Appointment of Visiting Justices) (Arusha Region) Notice, 1969.

G.N. No. 148 of 1969

The Prisons (Appointment of Visiting Justices) (Dodoma Region) Notice, 1969.

G.N. No. 168 of 1969

The Prisons (Appointment of Visiting Justices) (Morogoro Region) Notice, 1969.

G.N. No. 200 of 1969

The Prisons (Appointment of Visiting Justices) (Singida Region) Notice, 1969.

G.N. No. 201 of 1969

The Prisons (Appointment of Visiting Justices) (West Lake Region) Notice, 1969.

G.N. No. 237 of 1969

The Prisons (Appointment of Visiting Justices) (Ruvuma Region) Notice, 1969.

G.N. No. 267 of 1969

The Prisons (Appointment of Visiting Justices) (Tabora Region) Notice, 1969.

G.N. No. 270 of 1969

The Prisons (Appointment of Visiting Justices) (Morogoro Region) Notice, 1969.

G.N. No. 283 of 1969

The Prisons (Appointment of Visiting Justices) (Iringa Region) Notice, 1969.

G.N. No. 50 of 1970

The Prisons (Appointment of Visiting Justices) (Iringa Region) Notice, 1970.

G.N. No. 130 of 1970

The Prisons (Appointment of Visiting Justice) (Morogoro Region) Notice, 1970.

G.N. No. 259 of 1970

The Prisons (Appointment of Visiting Justices) (Shinyanga Region) Notice, 1970.

G.N. No. 294 of 1970

The Prisons (appointment of Visiting Justices) (Shinyanga Region) Notice, 1970.

G.N. No. 8 of 1970

The Prisons (Appointment of Visiting Justices) (Dodoma Region) Notice, 1971.

G.N. No. 58 of 1970

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Pwani) Tangazo, 1972.

G.N. No. 258 of 1973

Magereza (Uteuzi wa Wakaguzi wa Magereza) Tangazo, 1973.

G.N. No. 259 of 1973

Magereza (Uteuzi wa Wakaguzi wa Magereza) Tangazo, 1973.

G.N. No. 260 of 1973

[Cancelled by G.N. No. 101 of 1983]

G.N. No. 110 of 1978

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Kilimanjaro) Tangazo, 1978.

G.N. No. 48 of 1981

[Revoked by G.N. No. 457 of 1985]

G.N. No. 50 of 1981

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Iringa) Tangazo, 1981.

G.N. No. 102 of 1983

The Prisons (Appointment of Visiting Justices) (Iringa Region) Notice, 1983.

G.N. No. 163 of 1983

The Prisons (Appointment of Visiting Justices) (Mara Region) Notice, 1983.

G.N. No. 164 of 1983

The Prisons (appointment of Visiting Justices) (Butimba Prison) Notice, 1983.

G.N. No. 188 of 1983

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Pwani) Tangazo, 1983.

G.N. No. 457 of 1985

The Prisons (Appointment of Visiting Justice) (Singida Region) Notice, 1985.

G.N. No. 140 of 1987

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Arusha) Tangazo, 1987.

G.N. No. 306 of 1987

The Prisons (Appointment of Visiting Justices) (Iringa Region) Notice, 1987.

G.N. No. 307 of 1987

The Prisons (Appointment of Visiting Justices) (Singida Region) Notice, 1987.

G.N. No. 311 of 1987

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Pwani) Tangazo, 1987.

G.N. No. 799 of 1987

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Mbeya) Tangazo, 1987.

G.N. No. 800 of 1987

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Dar es Salaam) Tangazo, 1987.

G.N. No. 801 of 1987

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Morogoro) Tangazo, 1987.

G.N. No. 135 of 1988

The Prisons (Appointment of Visiting Justices) (Lindi Region) Notice, 1988.

G.N. No. 127 of 1990

The Prisons (Appointment of visiting Justices) (Dodoma Region) Notice, 1990.

G.N. No. 486 of 1990

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Tanga) Tangazo, 1990.

G.N. No. 487 of 1990

Magereza (Uteuzi wa Wakaguzi wa Magereza) (Mkoa wa Shinyanga) Tangazo, 1990.

G.N. No. 57 of 1992

The Prisons (Appointment of Visiting Justices) (Arusha Region) Notice, 1992.

G.N. No. 58 of 1992

The Prisons (Appointment of Visiting Justices) (Mtwara Region) Notice, 1992.

ORDERS

THE PRISONS (CANCELLATION OF PRISON) (BAGAMOYO TOWNSHIP PRISON) ORDER

(Section 3)

[Omitted.]

G.N. No. 129 of 1973

The Prisons (Cancellation of Prison) (Bagamoyo Township Prison) Order.

THE PRISONS (GRANT OF REMISSION) ORDERS

(Section 5)

[Omitted.]

G.N. No. 2 of 1982

The Prisons (Grant of Remission) Order.

G.N. No. 156 of 1982

The Prisons (Grant of Remission) Order.

THE PRISONS (DECLARATION OF PRISONS) ORDERS

(Section 23)

[Omitted.]

G.N. No. 139 of 1968

The Prisons (Declaration of Prisons) (New Wame Prison for Young Offenders) Order.

G.N. No. 123 of 1969

The Prisons (Declaration of Prisons) (Songwe Prison) Order.

G.N. No. 124 of 1969

The Prisons (Declaration of Prisons) (Mkumbo Prisons Camp) Order.

G.N. No. 138 of 1969

The Prisons (Declaration of Prisons) (Rwamurumba Prison) Order.

G.N. No. 190 of 1969

The Prisons (Declaration of Prisons) (Kitai Prison) Order.

G.N. No. 277 of 1969

The Prisons (Declaration of Prisons) (Kingurungundwa Prison) Order.

(Section 45(1)(a))

[Omitted.]

G.N. No. 680 of 1987

The Remission of Remainder of Sentence of Imprisonment, Order.

G.N. No. 182 of 1992

The Remission of Remainder of Sentence of Imprisonment, Order.

G.N. No. 183 of 1992

The Remission of Remainder of Sentence of Imprisonment, Order.

THE PRISONS (GRANT OF ADDITIONAL SPECIAL REMISSION) ORDERS

(Section 50)

[Omitted.]

G.N. No. 117 of 1976

The Prisons (Grant of Additional Special Remission) Order.

G.N. No. 29 of 1978

The Prisons (Grant of Additional Special Remission) Order.

G.N. No. 73 of 1980

The prisons (Grant of Additional of Special Remission) Order.

G.N. No. 169 of 1980

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 170 of 1980

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 29 of 1982

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 115 of 1982

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 55 of 1983

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 203 of 1983

The Prisons (Grant of Additional of Special Remission) Order.

(Section 50)

[Omitted.]

G.N. No. 227 of 1984

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 71 of 1986

The Prisons (Grant of Additional of Special Remission) Order.

G.N. No. 682 of 1986

The Prisons (Grant of Remission) Order.

G.N. No. 279 of 1987

The Prisons (Grant of Remission) Order.

G.N. No. 906 of 1988

The Prisons (Grant of Remission) Order.

G.N. No. 99 of 1900

The Prisons (Grant of Remission) Order.

G.N. No. 419 of 1990

The Prisons (Grant of Remission) Order.

G.N. No. 5 of 1991

The Prisons (Grant of Remission) Order.

REGULATIONS

THE PRISONS (RESTRAINT OF PRISONERS) REGULATIONS

(Section 105)

G.N. No. 18 of 1968

1.    Citation

    These Regulations may be cited as the Prisons (Restraint of Prisoners) Regulations.

2.    Restraint

    Where it is provided in the Prisons Act that a prisoner may be restrained, such restraint may be effected by one or more of the following means–

    (a)    body belt with handcuffs;

    (b)    body belt with leather cuffs;

    (c)    handcuffs;

    (d)    ankle straps; or

    (e)    leg irons.

3.    Type of restraint to be specified

    (1) When the Officer-in-charge makes an order for the restraint of any prisoner he shall specify which type of restraint shall be used and shall so soon after the carrying into effect of the order as is possible give notice to the medical officer:

    Provided that no notice shall be necessary–

    (i)    where the prisoner has been ordered to be restrained by means of handcuffs or ankle straps while he is being removed from one part of a prison to another or is being escorted or is working outside a prison; and

    (ii)    where the prisoner is receiving medical treatment in a hospital.

    (2) Upon receipt of the notice referred under regulation (3) the medical officer shall examine the prisoner and shall certify in the restraint register hereinafter that in his opinion the prisoner is, or is not, as the case may be, fit to be so restrained.

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    (3) If the medical officer certifies that the prisoner is not fit to be so restrained the restraint shall be removed forthwith and the matter reported without delay by the officer-in-charge to the Commissioner.

4.    Senior officer to be present when restraint applied

    Except where restraint is applied in the circumstances mentioned in the proviso to paragraph (1) of regulation 3, the senior of the prison officers on duty at the prison at the time of the application of any restraint shall be present when the restraint is applied.

5.    Details of restraint to be entered

    (1) When any prisoner is subjected to restraint the number and name of the prisoner, the date and time of application of the restraint, and the reasons for the use of the restraint shall be recorded by or under the direction of the officer-in-charge in a register which shall be called the restraint register, and every entry shall be notified by the officer-in-charge to the Commissioner as soon as possible.

    (2) The time when any prisoner who has been subjected to restrain is released shall be recorded in the restraint register.

    (3) Where any prisoner is subjected to any restraint in a hospital the particulars referred to in paragraphs (1) and (2) of this regulation shall be recorded by a member of the hospital staff present and such record shall be forwarded to the officer-in-charge of the prison to which the prisoner belongs.

    (4) At the end of every month a statement of prisoners subjected to restraint for any period during such month shall be forwarded by the officer-in-charge to the Commissioner.

6.    Release from restraint

    Where any person has been subjected to restraint he shall be released therefrom immediately.

7.    Female prisoners

    No female prisoner shall be restrained by means of a body belt with handcuffs.

8.    Handcuffs

    A prisoner shall be handcuffed with his hands behind his back only when the prisoner has shown or threatened violence, and no prisoner shall be so handcuffed within a prison during meal time or at night.

9.    Leg irons

    No prisoner shall be placed in leg iron unless leather ankle straps or ankle puttees have first been placed on the leg or legs on which such irons are to be placed.

10.    Body belt with handcuffs or leather cuffs

    When any prisoner is restrained by means of a body belt with handcuffs or body belt with leather cuffs the left hand of such prisoner, or, in the case of a left-handed prisoner the right hand, shall be released during meal times.

11.    Restraint on medical grounds

    Notwithstanding anything contained in these Regulations, the medical officer or a medical officer employed in a hospital in which a prisoner is receiving medical treatment may restrain any prisoner on medical grounds in such manner as the medical officer deems necessary and the provisions of these Regulation shall not apply to the restraint.

THE PRISONS (EXTRA-MURAL PENAL EMPLOYMENT) REGULATIONS

(Section 105)

G.N. No. 77 of 1968

1.    Citation

    These Regulations may be cited as the Prisons (Extra-Mural Penal Employment) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "Act" means the Prisons Act *;

    "administrative officer" means the administrative officer to whom a declaration by a person that he desires to undertake public work outside the prison is required to be notified under the provisions of section 73 of the Act, and includes his successor in office;

    "extra-mural prisoner" means a person who is permitted to work outside a prison in accordance with the provisions of section 73 of the Act.

3.    Notification of acceptance for extra-mural employment

    Where the administrative officer is satisfied, in accordance with the provisions of subsection (4) of section 73 of the Act, that a prisoner can usefully be employed on work outside the prison, he shall notify the officer-in-charge of the prison of the acceptance of the prisoner for such employment.

4.    Procedure on release of prisoner for extra-mural employment

    (1) When a prisoner is released from prison for employment on work outside the prison, the officer-in-charge shall–

    (a)    prepare a form of receipt for the prisoner;

    (b)    endorse on the warrant of committal the earliest date on which the prisoner would be entitled to be discharged, having regard to remission earned by him;

    (c)    return to the prisoner his clothing and any property placed in the custody of the officer-in-charge; and

    (d)    deliver the prisoner to the administrative officer or to a person authorised by the administrative officer to receive the prisoner, together with the warrant of committal and the receipt for the prisoner.

    (2) The administrative officer or the person authorised by him to receive a prisoner released for employment outside the prison shall acknowledge delivery of the prisoner and the warrant of committal by signing the receipt accompanying the prisoner and shall return the receipt to the officer-in-charge of the prison.

    (3) The officer-in-charge shall keep a register in which he shall cause to be recorded such particulars as the Commissioner may direct of every prisoner released from prison for employment outside the prison.

5.    Particulars of extra-mural prisoners to be recorded

    Every administrative officer shall cause to be recorded the following particulars in respect of every extra-mural prisoner is his charge–

    (a)    his full name, nationality and tribe;

    (b)    his address;

    (c)    his sentence and the date of commencement thereof;

    (d)    the remission which he may earn and any forfeiture of remission which is ordered;

    (e)    the earliest date on which he would be entitled to be discharged, having regard to remission earned by him;

    (f)    the work on which he is employed;

    (g)    the date and duration of any absence from work;

    (h)    the date of his discharge or, if he is returned to prison, the date of such return and the reason therefor; and

    (i)    the date on which the warrant of committal is returned to the prison.

6.    Accommodation in camps

    (1) Every extra-mural prisoner shall be accommodated in a camp for extra-mural prisoners:

    Provided that an administrative officer may, in his discretion, permit an extra-mural prisoner to reside at the place where the prisoner is ordinarily resident when at large or at such other place as the administrative officer may approve.

    (2) A camp for extra-mural prisoners shall–

    (a)    be weatherproof;

    (b)    have an adequate water supply;

    (c)    include such number of latrines and such washing facilities as are sufficient for the prisoners accommodated therein;

    (d)    where uncooked rations are supplied to the prisoners, have a suitable kitchen furnished with the necessary cooking utensils; and

    (e)    at all time be kept in a clean and sanitary condition.

7.    Responsibility for and supervision of camps

    (1) The administrative officer in charge charge of an area shall be responsible for all matters relating to camps for extra-mural prisoners in his area and, whenever the size of such a camp or the number of such prisoners accommodated therein warrants the services of a full time supervisor, he may appoint a suitable person to be a camp supervisor for that camp.

    (2) A camp supervisor appointed under paragraph (1) shall hold officer in accordance with the terms of his appointment and shall perform such duties as may be specified by the administrative officer responsible for the camp.

8.    Sleeping equipment

    Every extra-mural prisoner accommodated in a camp shall be provided with sleeping equipment in accordance with the provisions of regulation 22 of the Prisons (Prison Management) Regulations *.

9.    Dietary and subsistence allowance

    Every extra-mural prisoner shall receive a diet in accordance with the provisions of regulation 23 of the Prisons (Prison Management) Regulations *, and the rations thereby prescribed may be supplied in a cooked or uncooked state:

    Provided that where an administrative officer so directs, an extra-mural prisoner may receive, in lieu of such diet, a daily subsistence allowance equal to the retail value of the appropriate scale of diet.

10.     Employment of prisoners

    (1) Subject to the provisions of regulations 11 and 13 relating to the return to prison of an extra-mural prisoner, the period during which an extra-mural prisoner is employed shall be equal to the term of imprisonment which he would otherwise be liable to undergo.

    (2) The daily task on which an extra-mural prisoner is employed shall be such as, having regard to his physical capacity he can complete in six hours of labour.

    (3) For the purposes of the provisions of section 73 of the Act relating to the employment of extra-mural prisoners, work carried out for any public department or any department of a local authority shall be employment on public work.

    (4) No extra-mural prisoner shall be employed or placed in a position of trust.

11.    Absence from work and misconduct

    If an extra-mural prisoner–

    (a)    fails to present himself for work at the appointed hour;

    (b)    absents himself from his task; or

    (c)    is otherwise found by an administrative officer to be unsatisfactory in his conduct,

the administrative officer may in any case–

    (i)    order that he shall be returned to prison; or

    (ii)    order that he shall forfeit a period of remission not exceeding fourteen days remission earned; or

    (iii)    specified in subparagraph (a) or (b) of this regulation, order that he shall be returned to prison and that he shall forfeit a period of remission not exceeding fourteen days of remission earned.

12.    Abscondment to be reported to the Police

    Where an extra-mural prisoner is absent from work, or from a camp in which he is accommodated in such circumstances or for such period as indicates that he has absconded, the administrative officer shall make a report at the nearest police Station of the facts relating to the absence.

13.    Medical examination of prisoners

    (1) An administrative officer may at any time cause an extra-mural prisoner to be medically examined and shall cause to be medically examined every such prisoner who claims or appears to be unfit for work.

    (2) Where an extra-mural prisoner is medically examined and is found to be unfit for work the administrative officer shall order that the prisoner be returned to prison.

14.    Admission to prison or hospital

    (1) Subject to the provisions of paragraph (2) of this regulation, where any order is made under regulation 11 or regulation 13 for the return to prison of an extra-mural prisoner, the prisoner to whom the order relates shall forthwith be admitted to prison and serve the term of imprisonment for which he is liable, subject to a deduction of the number of days, if any, on which he has completed his daily task.

    (2) Where an order is made under regulation 13 for the return to prison of an extra-mural prisoner and the medical officer recommends that the prisoner be admitted to hospital, the prisoner to whom the order relates shall be admitted to hospital and in such case shall be deemed to be under detention in the prison to which he would have been admitted if no such recommendation had been made.

    (3) Where an extra-mural prisoner is admitted to prison or hospital under the foregoing provisions of this regulation, the administrative officer shall forward the warrant of committal to the officer-in-charge of the prison concerned.

15.    Application of regulations 13 and 14

    For the purposes of regulations 13 and 14 an extra-mural prisoner includes a person who has declared that he desires to undertake public work outside the prison and in respect of whom an administrative officer is required to consider whether such person can usefully be employed on such work.

16.    Discharge

    The administrative officer shall be responsible for ensuring that an extra-mural prisoner is free from employment and is duly discharged upon his becoming entitled to discharge.

17.    Disposal of warrants of committal

    Where a prisoner is released from prison for employment outside the prison and is discharged on completion of his term of employment, the warrant of committal shall be endorsed accordingly and shall be returned by the administrative officer to the officer-in-charge of the prison from which the prisoner was released.

THE PRISONS (PRISON OFFENCES) REGULATIONS

(Section 105)

G.N. No. 13 of 1968

1.    Citation

    These Regulations may be cited as the Prisons (Prison Offences) Regulations.

2.    Minor prison offences

    The following acts and omissions by shall be deemed to be minor prison offences–

    (a)    making unnecessary noise during working hours or at any time after having been ordered by a prison officer to desist;

    (b)    quarrelling with any other prisoner;

    (c)    making a groundless complaint;

    (d)    cursing, swearing or using indecent, violent, threatening or insulting language;

    (e)    showing disrespect to a prison officer or other employee of the prison or an official visitor;

    (f)    answering untruthfully any question put to a prisoner by a prison officer or an employee of the prison or an official visitor;

    (g)    holding any communication in writing, by word of mouth or otherwise with any person not employed within the prison, except with a visitor to such prisoner lawfully admitted into the prison;

    (h)    doing any act or using any language calculated to wound or offend the feelings and susceptibilities of any other prisoner;

    (i)    doing any act calculated to create unnecessary alarm in the mind of any prisoner or any prison officer or employee of the prison;

    (j)    hiding any article whatsoever;

    (k)    without the permission of a prison officer, leaving the ward, yard, place in file, seat or berth assigned to the prisoner;

    (l)    visiting the latrines without the permission of a prison officer or remaining there longer than is necessary;

    (m)    without the permission of a prison officer, leaving the gang to which the prisoner is attached, or the part of the prison in which the prisoner is confined;

    (n)    omitting or refusing to march in file when moving about the prison or proceeding to or returning from work;

    (o) loitering in the yards or in the wards when these are open;

    (p)    refusing to eat the food prescribed by the prison dietary scale;

    (q)    appropriating, eating or having in his possession any food not assigned to the prisoner or taking from or adding to the portions assigned to other prisoners;

    (r)    without the permission of a prison officer, removing food from the kitchen or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;

    (s)    wilfully destroying food or throwing it away without being ordered to do so;

    (t)    giving, bartering or selling any portion of food to any other prisoner or person;

    (u) introducing into food anything likely to render it unpalatable or unwholesome;

    (v)    omitting or refusing to wear the clothing issued, or exchanging any part of such clothing for the clothing of any other prisoner, or losing, discarding, damaging or altering any part of the clothing issued;

    (w)    removing, defacing or altering any distinctive number, mark or badge attached to or worn on the clothing of the prisoner or any other person;

    (x)    omitting or refusing to keep the person clean or disobeying any order regulating the cutting or shaving of hair;

    (y)    omitting or refusing to keep clothing, blankets, bedding or utensils clean, or disobeying any order as to the arrangement or disposition of such articles;

    (z)    taking the prison clothing or any part of the prison kit of any other prisoner;

    (aa)    tampering in any way with prison locks, lamps or light, or other property with which the prisoner has no concern;

    (bb)    committing a nuisance in any part of the prison;

    (cc)    spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison;

    (dd)    wilfully befouling the latrines, washing or bathing places;

    (ee)    defacing or damaging the walls, furniture or other property of the prison;

    (ff)    failing or refusing to take care of any prison property entrusted to the prisoner;

    (gg)    failing or refusing to take care of, damaging, destroying or misappropriating any materials entrusted to the prisoner for work;

    (hh)    omitting to report at once any loss, breakage or damage caused by the prisoner to prison property or equipment;

    (ii)    manufacturing any article without the knowledge or permission of a prison officer;

    (jj)    performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task;

    (kk)    mixing any foreign substance with, or adding any foreign substance to, the materials issued for work;

    (ll)    causing, or omitting to assist in the suppression of, violence or insubordination of any kind;

    (mm)    immoral, indecent or disorderly behavior;

    (nn)    omitting or refusing to help any prison officer or other employee of the prison in the case of an attempted escape or of an attack upon such officer or employee or prisoner;

    (oo)    disobeying any lawful order of a prison officer, or omitting or refusing to perform duties in the manner prescribed;

    (pp)    being idle, careless or negligent at work, or refusing to work;

    (qq)    malingering;

    (rr)    refusing to undergo medical treatment;

    (ss)    having in his possession any article to which the prisoner is not entitled;

    (tt)    attempting to commit any of the foregoing offences;

    (uu)    aiding or abetting the commission of any of the foregoing offences;

    (vv)    any other act, conduct, disorder or neglect to the prejudice of good order or discipline.

3.    Major prison offence

    The following acts and omission by prisoners shall be deemed to be major prison offences–

    (a)    offering gross personal violence to a prison officer;

    (b)    taking part in any assault or attack on a prison officer;

    (c)    assaulting or taking part in an attack on an employee of the prison or on any other prisoner;

    (d)    wilfully destroying any prison property;

    (e)    using grossly abusive or offensive language to a prison officer or other employee of the prison;

    (f)    escaping or conspiring to escape or assisting another prisoner to escape;

    (g)    any act of gross misconduct or gross insubordination;

    (h)    wilfully causing himself any illness, injury or disability;

    (i)    making a false or groundless accusation or complaint against a prison officer or other employee of the prison;

    (j)    when undergoing or about to undergo punishment, wilfully making a disturbance tending to interrupt the good order of the prison;

    (k)    attempting to commit any of the foregoing offences;

    (l)    aiding or abetting the commission of any of the foregoing offences;

    (m)    committing a minor prison offence after having been twice previously found guilty of a similar minor prison offence.

4.    Punishments which may be awarded by a subordinate prison officer

    The punishments which may be awarded by an officer-in-charge, if he is a subordinate prison officer, in relation to a minor prison offence shall not exceed the following–

    (a)    confinement in a separate cell with or without penal diet for a period of three days;

    (b)    forfeiture of three days remission earned; or

    (c)    forfeiture of some or all privileges for a period of three days.

5.    Punishments which may awarded by a subordinate prison officer

    The punishments which may be awarded by an officer-in-charge, if he is a senior prison officer, shall not exceed the following–

    (a)    in relation to a minor prison offence–

        (i)    confinement in a separate cell with or without penal diet for a period of seven days;

        (ii)    forfeiture of fourteen days remission earned; or

        (iii)    forfeiture of some or all privileges for a period of fourteen days;

    (b)    in relation to a major prison offence–

        (i)    six strokes with a cane in the case of prisoners of or under the apparent age of sixteen years and twelve strokes with a cane in all other cases;

        (ii)    confinement in a separate cell with or without penal diet for a period of fourteen days;

        (iii)    forfeiture of twenty-one days remission earned; or

        (iv)    forfeiture of some or all privileges for a period of twenty-one days.

6.    Punishments which may be awarded by a senior prison officer

    The punishments which may be awarded by the Commissioner in relation to a prison offence shall not exceed the following–

    (a)    ten strokes with a cane in the case of prisoners of or under the apparent age of sixteen years and eighteen strokes with a cane in all other cases;

    (b)    confinement in a separate cell with or without penal diet for a period of twenty-eight days;

    (c)    forfeiture of twenty-eight days remission earned;

    (d)    forfeiture of some or all privileges for a period of twenty-eight days.

7.    Punishment diet

    (1) In any case where a punishment diet may be awarded, the diet shall be in accordance with one of the following scales as is appropriate to the normal dietary scale for the prisoner–

    (a)    Scale I: sixteen ounces of bread daily and water ad libitum;

    (b)    Scale II: eight ounces of rice daily and water ad libitum;

    (c)    Scale III: twelve ounces of maize meal daily, or twelve ounces of rice on Saturday or Sunday, and water ad libitum;

    (d)    Scale IV: sixteen ounces of bread or eight ounces of rice daily and water ad libitum.

    (2) Where a punishment diet is awarded for a period exceeding three days there shall be an interval of one day on full diet after each period of three days on punishment diet.

8.    Confinement in a separate cell

    (1) No prisoner shall be awarded confinement in a separate cell for a total of more than ninety days in any period of twelve months.

    (2) Confinement in a separate cell shall not be continuous for more than seven days, and an interval of seven days shall elapse before a further period of such confinement.

    (3) Where a prisoner is awarded two periods of confinement in a separate cell the two periods shall be separated by a period of days not less than the longer of the two periods of confinement awarded.

    (4) A prisoner awarded confinement in a separate cell shall–

    (a)    be visited only by prison officers, the medical officer, ministers of religion and visiting justices;

    (b)    be visited once a day by the officer-in-charge and whenever practicable by the medical officer;

    (c)    be visited at intervals of not less than three hours during the day and night by a prison officer appointed to carry out such duty; and

    (d)    take physical exercise as the officer-in-charge shall direct but for a period of not less than one hour each day.

9.    Corporal punishment

    (1) No award of corporal punishment shall be carried out by instalment.

    (2) Corporal punishment shall be inflicted upon prisoners of the age of sixteen years and over upon the bare buttocks with a light rattan cane without knots and the cane shall not be less than half an inch and not more than five-eighths of an inch in diameter and shall not exceed forty-two inches in length.

    (3) Corporal punishment shall be inflicted upon prisoners under the age of sixteen years upon the bare buttocks with a rattan cane without knots which is of a lighter type than that specified in paragraph (2) of this regulation and the cane shall not be less than one-quarter of a inch and not more than three-eighths of an inch in diameter and shall not exceed thirty-six inches in length.

    (4) During the infliction of corporal punishment the prisoner undergoing punishment shall be so placed that he cannot, by reason of the movement of his body, cause the strokes to fall upon any part of the body other than that upon which they are to be inflicted in accordance with this regulation.

    (5) During the infliction of corporal punishment suitable padding shall be kept in place over the small of the back of the prisoner undergoing the punishment in order to protect his kidneys and a piece of cotton cloth soaked in an antiseptic solution shall be kept spread over the buttocks of the prisoner.

10.    Punishment in different prisons

    Any punishment lawfully awarded, other than corporal punishment, may be carried out and undergone partly in one prison and partly in another prison.

THE PRISONS (PRISON MANAGEMENT) REGULATIONS

(Section 105)

G.Ns. Nos.
19 of 1968
148 of 1968
290 of 1970
64 of 1972
189 of 1983
60 of 1987

1.    Citation

    These Regulations may be cited as the Prisons (Prison Management) Regulation.

2.    Particulars of prisoners on admission

    On the admission to prison of a prisoner the officer-in-charge shall cause to be recorded the following particulars regarding such prisoner–

    Full name, nationality, tribe, trade or occupation, address, religious denomination, probable age, weight, height, identification marks, photograph (if available), offence, previous convictions (if any), date of admission, remission which may be earned and earliest date of release.

3.    Classification of prisoners

    (1) Every prisoner sentenced to imprisonment and admitted to prison shall be classified with regard to age, character and antecedents, and shall be classified either as young prisoners or as star prisoners or ordinary prisoners.

    (2) A young prisoner shall be the prisoner who is under the apparent age of twenty-one years or who is considered by the officer-in-charge to be suitable for treatment and training with prisoners under the apparent age of twenty-one years.

    (3) A star prisoner shall be the prisoner other than the young prisoner who is first offender or who is considered by the officer-in-charge to be suitable for treatment and training with first offenders.

    (4) An ordinary prisoner shall be a prisoner other than a young prisoner or a star prisoner.

    (5) For the purposes of this regulation, a "first offender" means a convicted criminal prisoner serving a sentence of imprisonment for the first time.

4.    Classification of prisoners on admission

    As soon as possible after the admission to prison of a prisoner sentenced to imprisonment, the officer-in-charge shall interview the prisoner for the purpose of considering his age, character, antecedents, the nature of his last offence and his suitability for treatment and training, and shall place the prisoner in one or other of the classes specified in regulation 3.

5.    Transfer of prisoner between classes

    (1) The officer-in-charge may at any time remove from the young prisoners class a prisoner of the age of seventeen years or over whom he considers unsuitable to be in that class by reason of the character of the prisoner and place the prisoner in the star prisoner class.

    (2) The officer-in-charge may at any time remove from the star prisoners class a prisoner whose character has shown him to be unfit to associate with other prisoners of that class and place the prisoner in the ordinary prisoners class.

6.    Segregation of classes of prisoners

    So far as is practicable, arrangements shall be made at all prisons to provide for the effective segregation from each other at all time of the various classes of prisoners.

7.    Distinguishing marks for classes of prisoners

    The Commissioner may require prisoners of each class to wear a distinguishing patch, number, sentence label, badge or uniform.

8.    Searching of prisoners

    (1) Every prisoner, male or female, shall be searched by a prison officer of his or her own sex on admission to prison and at such other times as may be considered necessary by the officer-in-charge or as may be directed by the Commissioner, and all prohibited articles shall be taken from the prisoner.

    (2) The searching of a prisoner shall be conducted in as seemly a manner as is consistent with the necessity for discovering concealed articles.

    (3) No prisoner shall be searched in the presence or within the sight of any other prisoner.

9.    Privileges of prisoners

    Every convicted criminal prisoner on admission to prison shall be granted all privileges which are available within the prison and such privileges may include the following–

    (a)    the use of magazines, newspapers and library books;

    (b)    the use of indoor games;

    (c)    subject to the direction of the officer-in-charge, participation in organised games outside the prison under escort;

    (d)    attending concerts, cinema performances and lectures;

    (e)    attending handicraft and educational classes;

    (f)    listening to approved radio broadcasts;

    (g)    receiving and sending letters, subject to the provisions of regulations 10 and 11;

    (h)    receiving visitors, subject to the provisions of regulation 12.

10.    Letters to and from prisoners

    (1) A convicted criminal prisoner shall be allowed to write and receive a letter once every two weeks and, in addition, on the following occasion–

    (a)    on admission to prison;

    (b)    on arrival at a prison having been transferred from another prison;

    (c)    on the death or serious illness of a close relative;

    (d)    when necessary owing to business or family affairs of an urgent nature;

    (e)    when required to make arrangements for employment or assistance on release; or

    (f)    as often as the officer-in-charge may consider reasonable in the case of communications with the prisoner's legal adviser or with such other person as the officer-in-charge may approve as representing the interest of the prisoner.

    (2) A prisoner other than a convicted criminal prisoner shall be allowed to write and receive letters on the occasions specified in paragraph (1) of this regulation and, in addition, as often as the officer-in-charge may consider necessary or reasonable.

    (3) No prisoner shall be allowed to write a letter to, or receive a letter from, a former prisoner except with the permission in writing of the officer-in-charge.

11.    Censorship of letters

    (1) Every letter addressed to or written by a prisoner shall be read by the officer-in-charge or by a prison officer duly authorised by him to read such letters and no letter shall be received or sent by a prisoner unless it is approved by the officer-in-charge or the authorised officer.

    (2) Every letter addressed to or written by a prisoner shall be marked with an official stamp showing that it has been read and whether or not it is approved.

    (3) An officer-in-charge or the authorised officer referred to in paragraph (1) may decline to approve any letter if the contents are considered objectionable or if it is of inordinate length.

    (4) Where a letter written by a prisoner is not approved, the prisoner shall be informed of the reason why it has not been approved and shall be given an opportunity of rewriting the letter.

    (5) Where a letter addressed to a prisoner contains a matter which is considered objectionable and is not approved, the letter shall be returned to the writer with an intimation that it may be resubmitted with the objectionable matter omitted.

12.    Entitlement of prisoner to visits

    (1) A convicted criminal prisoner shall be allowed to receive a visit from not more than two persons for a period of fifteen minutes once is every four weeks, and, in addition, on the following occasions–

    (a)    on admission to prison;

    (b)    prior to transfer from one prison to another; or

    (c)    if dangerously ill.

    (2) A prisoner other than a convicted criminal prisoner shall be allowed to receive visits on the occasions specified in paragraph (1) of this regulation and may be allowed to receive such additional visits as the officer-in-charge shall consider reasonable.

    (3) Notwithstanding the foregoing provisions of this regulation, the officer-in-charge may extend the duration of a visit to thirty minutes and the Commissioner may direct that the number of visits allowed to any prisoner shall be increased.

    (4) A prisoner undergoing a punishment of confinement in a separate cell shall not be allowed to receive a visit under the provisions of this regulation.

    (5) Every visit to a prisoner under the provisions of this regulation shall take place within the sight and hearing of a prison officer.

    (6) No prisoner shall be allowed to receive a visit from a former prisoner except with the permission in writing of the officer-in-charge.

13.    Visits by legal advisers

    Every prisoner shall be given all reasonable opportunities of communication with his legal adviser or with such other person as the officer-in-charge may approve as representing the interests of the prisoner and a visit to a prisoner by the legal adviser or such other person shall take place within the sight but out of hearing of a prison officer.

14.    Visits by ministers of religion

    (1) A minister of religion shall be admitted at proper and reasonable times to a prison to visit prisoners.

    (2) A minister of religion shall be permitted to hold religious services at such hours and in such places as the officer-in-charge may permit and the officer-in-charge shall make such arrangements for the holding of religious services and for the religious instruction of prisoners shall not in any way interfere with the routine and administration of the prison.

    (3) The attendance of prisoners at religious services and religious instruction shall be voluntary.

15.    Visits by police officers and process servers

    (1) A police officer shall be admitted at any reasonable time to a prison to visit a prisoner for an officially authorised purpose.

    (2) Any person duly authorised by a court shall be admitted during working hours to a prison in order to serve on a prisoner any legal process of the court.

    (3) The officer-in-charge shall direct whether a visit to a prisoner under the provisions of this regulation shall take place within or out of the sight or hearing of a prison officer.

16.    Prison visitors

    The Commissioner, may on the recommendation of the officer-in-charge, appoint such persons as may be willing to act as prison visitors, teachers, instructors or lecturers for the purpose of visiting prisoners regularly during their imprisonment and for conducting such courses as may be approved by the Commissioner.

17.    Conditions relating to visitors

    (1) All visits to prisoners shall take place between such hours as the officer-in-charge may direct.

    (2) A prison officer appointed as gatekeeper shall demand the name and address of every visitor to a prison and, when the prison officer has any ground for suspicion, he may search or cause to be searched male visitors and may direct a woman prison officer to search female visitors, but no search shall be made in the presence of any prisoner or of any other visitor and any visitor who refuses to be searched may be ordered to leave the prison.

    (3) The name and address of every visitor to a prison shall be entered in a book provided for the purpose and where a visitor is ordered to leave the prison the grounds and particulars shall be entered in such book by the gatekeeper.

18.    Unlocking and lock-up

    (1) All prisoners shall be unlocked at daybreak each morning, but if the officer-in-charge considers that it is unsafe to allow the prisoners out at that time the unlock shall be deferred until such time as the officer-in-charge shall determine.

    (2) All prisoners shall be locked-up at 5.30 p.m. except–

    (a)    new admissions who arrive during and after lock-up;

    (b)    prisoners attending approved classes and entertainments or participation in organised games; or

    (c)    prisoners undergoing confinement in a separate cell who may be taking exercises.

19.    Employment of prisoners

    (1) Every convicted criminal prisoner who is found by the medical officer to be fit for work shall be required to carry out such useful work as may be authorised by the Commissioner or the officer-in-charge.

    (2) So far as prison conditions permit, a prisoner required to work shall be employed outside the wards and cells and in association with other prisoners:

    Provided that a female prisoner shall be employed in association only with other female prisoners.

    (3) If at any time it appears to the Commissioner or to the officer-in-charge that it is necessary for the maintenance of good order or discipline, or in the interests of a prisoner, that a prisoner should not be employed in association with other prisoners, the officer-in-charge may direct the prisoner to work in a ward or cell for a period which shall not exceed one month unless the Commissioner otherwise directs:

    Provided that the officer-in-charge may at any earlier time direct that the prisoner be employed in association with other prisoners and shall do so if the medical officer so recommends.

    (4) The officer-in-charge shall provide light work for a prisoner who is found by the medical officer to be fit only for light work.

    (5) The hours of work for a prisoner required to work shall be as directed by the Commissioner and the officer-in-charge shall cause to be kept a record in such form as the Commissioner may direct of the work performed daily by the prisoner.

    (6) Unless under exceptional circumstances, which shall be reported to the Commissioner, Saturdays, Sundays and all public holidays shall be observed as days of rest and a prisoner shall not be required to do any work other than such as is necessary for the cleaning of the prison and the preparation of food.

20.    Prisoners' clothing

    (1) A convicted criminal prisoner shall at all times wear the clothing approved by the Commissioner and such additional or alternative clothing as may be supplied to the prisoner on the recommendation of the medical officer:

    Provided that when prisoner is–

    (a)    admitted to hospital he may wear such clothing as the medical officer consider desirable;

    (b)    required to attend court as an accused person he shall be permitted to wear his own clothing;

    (c)    allowed to participate in organised games he may be permitted to wear any available clothing which is suitable therefor.

    (2) The clothing of a prisoner shall be washed and changed at least once every week.

21.    Accommodation of prisoners

    (1) Where prisoners are accommodated in wards the area allocated to each prisoner shall not be less than thirty square feet.

    (2) A single cell or isolation cell shall not be less than ten feet in length and four feet in width.

22.    Sleeping equipment of prisoners

    (1) The standard ward and cell sleeping equipment to be provided to a prisoner shall consist of one sleeping mat and such number of blankets as the medical officer may recommend.

    (2) Additional sleeping equipment, including a bedstead, one mattress, one pillow and two sheets may be issued to a prisoner on the recommendation of the medical officer.

    (3) In the discretion of the officer-in-charge, a prisoner designated as a convict leader may be issued with additional sleeping equipment.

    (4) A civil prisoner may be issued with any item of additional sleeping equipment which he himself has not provided.

    (5) All sleeping equipment issued to prisoners shall be washed and aired regularly.

23.    Scales of diet of prisoners

    (1) There shall be four scales of diet for prisoners as set out in the Schedule hereto.

    (2) Every prisoner shall receive the diet specified in scale III in the Schedule unless the officer-in-charge is satisfied that the prisoner is not accustomed to such type of diet or that a diet specified in another scale would be more suitable to the mode of life of the prisoner when at large, and in such case the officer-in-charge shall direct that the prisoner receive such other scale or diet in the Schedule as may be appropriate for the prisoner.

    (3) The quantities specified int he scale of diet refer to the weight of the articles in an uncooked state.

    (4) The food supplied shall be wholesome in quality, and shall be prepared and cooked in a clean manner, and with due regard to the religious customs of prisoners.

    (5) The diet of a prisoner who persistently wastes his food may be reduced by the officer-in-charge after obtaining the authority in writing of the medical officer for such reduction in the diet as may be proposed by the officer-in-charge.

    (6) Every prisoner shall be provided with a morning meal prior to commencing work each day.

24.    Barbering of prisoners

    (1) Every convicted criminal prisoner shall be barbered in such manner and on such occasions as the officer-in-charge may direct.

    (2) Where any prisoner satisfies the officer-in-charge that any particular form of barbering is contrary to the religious teaching to which the prisoner adheres the officer-in-charge shall not require him to be barbered in such manner.

    (3) During the last month of a prisoner's imprisonment a prisoner's head shall not be shaved unless he so desires.

    (4) The hair of a female prisoner shall not be cut unless the medical officer considers this to be necessary for the health of the prisoner or unless the prisoner expresses a desire to have her hair cut.

    (5) The hair of a prisoner other than a convicted criminal prisoner shall be kept, as far as is consistent with cleanliness, in the same state as it was on the admission to prison of the prisoner.

25.    Property of prisoners

    (1) Subject to the provisions of paragraphs (2) and (3) of this regulation, money, clothes or other effects brought into a prison by a prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the officer-in-charge, who shall keep an inventory thereof which shall be signed by the prisoner, and all such property shall be returned to the prisoner when he is discharged from prison:

    Provided that the officer-in-charge may, in his discretion, permit any such property to be sent to a person nominated by the prisoner.

    (2) Any property brought into a prison by a prisoner which is of a perishable nature or is infected with vermin or is otherwise likely to spread disease in the prison shall be destroyed.

    (3) Where the clothing of a prisoner is so old, worn-out or dirty as to be useless or not capable of being cleaned, the officer-in-charge may order the same to be destroyed and, in such case, when the prisoner is discharged from prison the officer-in-charge shall provide the prisoner with clothing of a suitable nature.

    (4) The officer-in-charge may refuse to take into a prison any property of a prisoner which by reason of its bulk or excessive quantity cannot be conveniently stored in the prison.

    (5) If a prisoner is discharged from prison and fails to receive or claim his property within six months of the discharge, the officer-in-charge may cause the same to be sold in such manner as the Commissioner shall direct, or may otherwise dispose of the property as the Commissioner directs, and shall remit the proceeds of the sale to the Commissioner.

26.    Prohibition of alcoholic drinks, drugs and tobacco

    (1) No prisoner shall be allowed to have in his possession any alcoholic drink or drug except in such quantity as may be directed in writing by the medical officer in any particular case.

    (2) No prisoner shall be allowed to smoke or to have in his possession any tobacco:

    Provided that the Commissioner may authorise the use of tobacco by a prisoner who is able to purchase the same from his earnings whilst in prison.

27.    Medical examination of prisoners

    Every prisoner shall be examined by the medical officer on the following occasions–

    (a)    on his admission to prison;

    (b)    prior to his being required to do any form of labour;

    (c)    prior to his undergoing corporal punishment or any other punishment likely to affect his health;

    (d)    prior to his transfer or removal to another prison;

    (e)    when restrained; and

    (f)    prior to his discharge from prison.

28.    Medical observation of certain prisoners

    The medical officer shall keep under observation all prisoners charged with crimes of violence, held on capital charges or under sentence of death and shall report to the officer-in-charge every case where he considers that the mental health of any such prisoner is abnormal.

29.    Medical advice

    The medical officer shall advise the officer-in-charge of any matter connected with the prison or the treatment of prisoners, or connected with the general health of prisoners, or the health of any particular prisoner, which at any time appears to the medical officer to require consideration on medical grounds.

30.    Medical inspection of prison

    At least once every month the medical inspection officer shall inspect the whole prison paying particular attention to the food provided for the prisoners, the cooking of such food and the sanitary equipment of the prison.

31.    Records to be kept by medical officer

    The medical officer shall keep and maintain the following records–

    (a)    medical officers day book;

    (b)    medical officers visiting register;

    (c)    prisoners records (medical and labour sections);

    (d)    medical dietary sheets;

    (e)    records of and report on the mental health of prisoners charged with crimes of violence, held on capital charges or under sentence of death;

    (f)    reports on the nature and quality of the food provided for prisoners, both before and after cooking; and

    (g)    prisoners death register.

32.    Variation of diet of prisoner by medical officer

    (1) Notwithstanding the provisions of regulation 23, the medical officer may, whenever he considers it advisable or necessary in the interests of the health of any prisoner, recommend that the diet of the prisoner shall be increased, reduced or otherwise varied and the officer-in-charge shall act on the recommendation.

    (2) A variation in the diet of a prisoner on medical grounds shall be entered by the medical officer on the appropriate medical dietary sheet.

33.    Prisoners of diet of prisoner by medical officer

    (1) Notwithstanding anything contained in these Regulations, a prisoner under sentence of death shall–

    (a)    be confined apart from other prisoners and shall be under the constant supervision of two prison officers by day and by night;

    (b)    be allowed special facilities to correspond with relatives, friends and legal advisers;

    (c)    be permitted to receive visits by a minister of the religious denomination to which the prisoner belongs;

    (d)    not be subject to employment;

    (e)    be allowed such diet and such amount of exercise as the Commissioner may direct; and

    (f)    be given every facility to dispose of his property.

    (2) No person except the medical officer, a visiting justice, a prison officer other than a temporary prison officer and minister of the religious denomination to which the prisoner belongs shall have access to a prisoner under sentence of death without the permission in writing of the officer-in-charge, and the prisoner shall only be accessible at his own request to any person so permitted.

    (3) All visits to a prisoner under sentence of death shall take place in the presence and hearing of two prison officers.

    (4) When the warrant for the execution of a sentence of death has been received the officer-in-charge shall advise the prisoner of the time of execution not less than twenty-four hours before the time of the execution.

34.    Disposal of bodies of deceased prisoners

    (1) When a prisoner dies either in prison or in hospital the officer-in-charge shall take all reasonable steps to inform the relatives of the deceased prisoner of the death and, after the medical examination of the body by the medical officer, a relative shall be allowed to collect the body for burial in accordance with the rites of the religious denomination to which the prisoner belonged.

    (2) If a deceased prisoner has no relatives, or if a relative of the deceased prisoner does not collect the body within a reasonable time, the body shall be disposed of in such manner as the Commissioner may determine.

SCHEDULE
SCALES OF DIET FOR PRISONERS

(Regulation 23)

G.Ns. Nos.
148 of 1968;
290 of 1970;
64 of 1972;
189 of 1983;
60 of 1987

SCALE I

Wheat, maize or oatmeal (a)

85 grams daily.

Peas or beans

30 grams on Mondays,

Wednesdays and Saturdays only.

Sugar (b)

60 grams daily.

Bread (c)

450 grams daily.

Green vegetables (d)

100 grams daily.

Fruit

100 grams daily.

Onions

15 grams daily.

Potatoes (e)

225 grams daily.

Meat without bone (f)

170 grams daily.

Butter (g)

60 grams daily.

Tea (h)

10 grams daily.

Salt

15 grams daily.

Condiments

10 grams daily.

Milk (fresh or after reconstitution)

0.3. litres daily.

Notes on Scale I

    (a)    Meal: Maize, Millet, Sorghum, or Oatmeal or mixture of these.

    (b)    Sugar: 45 grams of jam, marmalade or treacle or 30 grams of honey may be substituted for 30 grams of sugar.

    (c)    Bread: 170 grams of flour may be substituted for 225 grams of bread.

    (d)    Vegetables: Pulse may be substituted for part of the vegetable ration but at least half the ration of vegetables and fruit shall consist of carotene-containing vegetables or fruit, for example, green leaves, spinach, carrots, tomatoes, bananas, pawpaw, mangoes, oranges if in season and lemons or limes as ordered by the medical officer.

    (e)    Potatoes: Ordinary potatoes when unavailable may be substituted by sweet potatoes.

    (f)    Meat: 30 grams of meat may be replaced by 60 grams of fish or 30 grams of cheese or 1 medium-size egg.

SCALE II

Bread/Chapati (a)

225 grams daily.

Rice

400 grams daily.

Sugar

30 grams daily.

Milk (fresh or after reconstitution)

0.3 litres daily.

Ghee

30 grams daily.

Vegetable Oil (b)

30 grams daily.

Dhal

60 grams daily.

Meat (c)

90 grams daily.

Potatoes

100 grams daily.

Vegetables (d)

100 grams daily.

Fruits

100 grams daily.

Onion

15 grams daily.

Salt

15 grams daily.

Curry powder or condiments

10 grams daily.

Tea

15 grams daily.

Notes on Scale II

    (a)    Bread: May be replaced by flour at the rate of 170 grams of flour to 225 grams of bread.

    (b)    Vegetable oil: Simsim, groundnut, coconut, cotton seed, red palm oil or any other cooking oil; 60 grams of groundnut or half a medium-size coconut is equivalent to 30 grams of any cooking oil.

    (c)    Meat: 100 grams of salt fish or 170 grams of fresh fish or 60 grams of cheese may be substituted. If a prisoner by custom or religion does not normally eat meat, fish or cheese he will be issued with 30 grams of dhal extra and 0.3 litres of milk extra.

    (d)    Vegetables may consist of either spinach, green leaves, tomatoes, parsnips, carrots, brinjals, turnips or other fresh vegetables approved by the Principal Commissioner on the recommendation of the medical officer. Vegetables shall not be overcooked, and shall be consumed immediately after they are cooked.

    (e)    350 grams of maize meal/sorghum meal/millet meal and rice may be given if they have taken 300 grams of cassava/potatoes/plantain at the breakfast or if they are not been given 300 grams at the breakfast, they should be given 650 grams of maize meal/sorghum meal/millet meal or rice for their main menu.

SCALE III

Breakfast:

Maize meal/sorghum meal/millet meal (a)

150 grams daily.

Cassava/Potatoes/Plantain

300 grams daily.

Sugar

30 grams daily.

Salt

15 grams daily.

Main Menu:

Maize meal/Sorghum meal/Millet meal (a)

350 grams daily except on Sundays.

Rice

350 grams on Sundays only

Beans/Dengu/Choroko/Kunde/Mbaazi (b)

100 grams daily.

Meat/Dagaa/Fish

150 grams in case of meat or 225 grams in case of fresh fish or 50 grams in case of dried fish or dagaa on Tuesdays, Thursdays and Sundays.

Fat/Groundnut/Cooking oil (c)

30 grams in case of oil or fat and 100 grams in case of groundnuts daily

Ripe Bananas/Apple/Pawpaw/Pineapple
Guava/Mangoes

100 grams daily.

Green vegetables (d)

100 grams daily.

Salt

15 grams daily.

Curry powder

5 grams daily.

Onions

10 grams daily.

Notes on Scale III

    (a)    Maize/Sorghum/Millet may be whole or meal. If meal is machine-ground it must be freshly prepared. 250 grams of maize meal may be mixed with 100 grams of sorghum or millet meal.

    (b)    When meat, fish or dagaa is issued the scale shall be reduced to 50 grams.

    (c)    May be coconut, simsim, groundnut, cottonseed or palm oil, but palm oil is preferred.

    (d)    Green vegetables may include spinach (mchicha), leaves of cassava or cowpeas or pumpkin. It is essential to ensure that green vegetables are not overcooked so as not to destroy the vitamins and they must be consumed immediately.

Additional Notes:

    (i)    The officer-in-charge of Prisons shall make effort to ensure that dengu, choroko, mbaazi or kunde are substituted for beans as often as possible so that the prisoners are not fed with beans continuously.

    (ii)    Fruit should not necessarily be of one type for all the prisoners in a given day. Some prisoners may for example be issued with another type of fruit if there are not enough oranges for all prisoners.

    (iii)    When tomatoes are available, 30 grams per prisoner may be added for flavour to meat, fish, dagaa, beans, choroko, kunde or mbaazi.

    (iv)    30 grams of cabbage (as opposed to Chinese cabbage) per prisoner may be added to meat, fish, dagaa, beans, choroko, kunde or mbaazi, but it should not be issued as green vegetable under the main Menu because of its poor nutritive value.

SCALE IV

Beans (a)

60 grams on Sundays.

Bread

225 grams daily.

Rice or flour for chapatis

400 grams daily.

Sugar

30 grams daily.

Milk (fresh or after reconstitution)

0.3 litres daily.

Green vegetables (b)

100 grams daily.

Fruit (c)

100 grams daily.

Potatoes

100 grams daily.

Onions

15 grams daily.

Meat without bone (d)

100 grams, on Mondays, Tuesdays, Thursdays and Saturdays.

Butter/margarine

30 grams daily.

Ghee

30 grams daily.

Tea

10 grams daily.

Salt

15 grams daily.

Groundnuts (e)

60 grams daily.

Condiments

10 grams on Sundays.

Notes on Scale IV

    (a)    Beans: The issue under this scale may be replaced by green gram (choroko) or lentils or hard groundnut (Njugumawe).

    (b)    Green vegetables: They include carrots, spinach (mchicha), leaves of cassava and beans. It is essential to ensure that green vegetables are not overcooked so as not to destroy the vitamins and they must be consumed immediately after they are cooked.

    (c)    Fruit includes oranges, pawpaw, mangoes and bananas.

    (d)    Meat: 30 grams of meat without bone may be replaced by 60 grams of fresh or dried fish, or a medium-size egg.

    (e)    Groundnut may be replaced by 30 grams of any cooking oil or half a medium-size coconut.

{/mprestriction}