Mudavadi calls for Public Private Partnership in unlocking infrastructure capacity challenges in custodial facilities

Prime Cabinet Secretary Musalia Mudavadi has called for enhanced collaboration between the government and the private sector in the execution of priority infrastructural projects that require heavy financing.

Mudavadi said leveraging on the public-private partnerships (PPP) helps ease pressure on government financing plans by allowing the private sector to inject its finance and technical resources in such projects.

The Prime CS, also the Acting Cabinet Secretary for Interior and National Administration, urged the State Department for Correctional Services to consider embracing private sector collaboration in reducing infrastructure capacity challenges being faced in the country’s custodial facilities.

He said this during the launch in Nairobi of public consultation on the development of the legal and policy framework for correctional services.

“In other countries there is a public private partnership arrangement where custodial facilities or prisons are developed by the private sector on a PPP basis. What is required is meeting the standards and requirements that the government designs in the legislation to have the private sector invest in these facilities,” he said.

A solid and robust legislative framework is required within various state departments and agencies to guide the PPP negotiation frameworks anchored on progressive outcomes and international best practices.

Mudavadi acknowledged that at no given time will the government be in a position to finance all public infrastructural projects given its budgetary constraints.

“When we think of facilities like those for mothers with children but are in custody or facilities for the people with disabilities in custody, such PPP arrangements can be a blueprint for us to come up with such facilities,” he said.

“I believe it is a window that we have never exploited in this country and it is being done in other countries. In Europe you can be walking by a prison without knowing that it is a prison.” he pointed out.

He said the government is set to overhaul the legal framework for correctional services, to align it with the Constitution and the Bottom-Up Economic Transformation Agenda.

This will help re-orient the management of correctional services to speak to the current offender management practices and consolidate the fragmented and dated laws governing correctional practices in Kenya.

“I am pleased to note that the proposals on the Bill (Correctional Services Bill) we are discussing here will amend the Probation of Offenders Act Cap 64 and Community Service Orders Act, Cap 93 and repeal the Prisons Act Cap 90 and the Borstal Institutions Act Cap 92,”  he said.

Mudavadi said work is in progress to ensure Kenya adopts a robust legal framework that complies with universally accepted international standards and helps to improve the livelihoods of the people.

“Kenya being a signatory to various international statutes we are mandated to comply with obligations related to the fair and just management of offenders,” he added.

Mudavadi said in relation to the African Union Agenda 2063 and the East African Community Vision 2050, among other international obligations, Kenya is taking a bold step to transform the correction services sector with an aim to contribute to a more just and secure world for our current and future generations.

“The new framework will be able to anchor key acceptable legislation that responds to the challenges we have experienced in managing correctional services,” he said.

Mudavadi urged partners and other stakeholders to embrace the consultations framework and support the technical committee leading the consultations to develop a universally accepted document that will be subjected to the final legislation process through parliament.

“Let me assure Kenyans that this exercise is being carried out with utmost good faith and intentions for the betterment of our people and our country.” he said.

The technical team under the leadership of Salome Beacco, Principal Secretary for the State Department for Correctional Services, headed by is chaired by the Secretary Probation and Aftercare Services, Dr. Christine A. Obondi.

“The team is now planning to conduct public participation on the development of the legal and policy framework for Correctional Services. To aide in this, they have developed a consultation paper that seeks stakeholders’ and public views about the proposals for Correctional Services Policy and Bill aimed at reviewing and consolidating all laws related correctional services and offender management.” said Beacco.

It was appointed by the former Cabinet Secretary for Interior and tasked to conduct a legal audit, background research and provide advisory on the legislative framework and landscape on correctional services alignment to the constitution and evolving social-economic dynamics.