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Correlates of Recidivism Among Released Prisoners, a Study of Kakamega County, Kenya

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Correlates of Recidivism Among Released Prisoners, a Study of Kakamega County, Kenya CORRELATES OF RECIDIVISM AMONG RELEASED PRISONERS, A STUDY OF KAKAMEGA COUNTY, KENYA by EVANS MAKORI ORUTA SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN CRIMINAL JUSTICE at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Prof. Dr. Willem FM Luyt December, 2019 1 Declaration I declare that this thesis is my own work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. I further declare that I submitted the thesis to originality checking software and that it falls within the accepted requirements for originality. I further declare that I have not previously submitted this work, or part of it, for examination at Unisa for another qualification or at any other higher education institution. 9/12/2019 SIGNATURE DATE Acknowledgement I would like to express my sincere appreciation to the following The Almighty God for taking care of me throughout the study period. My mother, Annah Bosibori for her encouragement and prayers. My wife, Paskaria Kanini for her love and support during the study period. My children, Oruta, Bosibori, Buge and Onchari for their patience and understanding while I was busy with the studies. My supervisor, Professor Willem Luyt for his tolerance, guidance, and mentorship in the course of my studies. My friends Isaac Emai and Moses Adama for their unwavering support. i Summary TITLE: CORRELATES OF RECIDIVISM AMONG RELEASED PRISONERS, A STUDY OF KAKAMEGA COUNTY, KENYA BY: EVANS M. ORUTA DEGREE: DOCTOR OF PHILOSOPHY IN CRIMINAL JUSTICE SUPERVISOR: Prof. Dr. Willem FM Luyt Released prisoners in Kenya have a 75% likelihood of committing another crime and a 50% probability of going to jail two years after their discharge from prison custody. From the trend of recidivism in Kenya, there are a staggeringly high number of offenders being incarcerated and eventually released back to the community, and the high risk of re-arrest and reincarceration is a concern for policymakers, criminologists and correctional managers. This study examined the influence of offender characteristics, offender reintegration and community perception and attitude regarding recidivism in Kakamega County, Kenya. The study adopted a survey research design. Findings reveal a statistically significant relationship between offender characteristics and recidivism. In addition, offender reintegration and community perception and attitude towards offenders greatly influence recidivism. From the study, it is recommended that the government provide correctional officers with the required resources to use the actuarial risk assessment model. The model is applied to the released offenders to predict the future probability of recidivism. In addition, it is recommended that the government and the various correctional stakeholders come up with an integrated approach that specifically targets successful re-entry of offenders upon release from prison. Finally, it is recommended that the government develop programmes targeting awareness of the community members to desist from stigmatising ex-offenders. Key terms: Recidivism; recidivist; recidivate; offender; prisoner; re-offending; re- arrest; reconviction; rehabilitation; reintegration; re-entry; prisons; overcrowding ii MANWELEDZO DZINA: VHUSHAKA HA U TSHINYA HAFHU VHUKATI HA VHAFARIWA VHO VHOFHOLOLWAHO, NGUDO YA DZINGU ḼA KAKAMEGA, KENYA NGA: VHO EVANS M. ORUTA DIGIRII: VHUDOKOTELA HA FIḼOSOFI KHA VHULAMUKANYI HA VHUTSHINYI MUṰOLI: Phurofesa. Dokotela Vho Willem FM Luyt Vhafariwa vho vhofhololwaho ngei Kenya vha na khonadzeo ya 75% ya u ita vhuṅwe vhutshinyi na 50% ya khonadzeo ya u ya dzhele miṅwaha mivhili nga murahu ha u bva tshiṱokisini. U bva kha nzulele ya u tshinya fhafhu ngei Kenya, hu na u mangadza huhulwane ha tshivhalo tshi re nṱha tsha vhatshinyi vha re dzhele vhane vha fhedzisela vho vhofhololelwa murahu kha tshitshavha, khohakhombo khulwane ya u dovha u farwa hafhu na u valelwa hafhu dzhele zwi vhilaedzisa vhabveledzi vha mbekanyamaitele, vhaḓivhi vha zwa vhutshinyi na vhalanguli vha vhululamisi. Ngudo i ṱola ṱhuṱhuwedzo ya zwiṱaluli zwa mutshinyi, mbuedzedzo ya mutshinyi na zwine tshitshavha tsha mudzhiisa zwone na vhuvha zwi tshi ya kha u tshinya hafhu kha Dzingu ḽa Kakamega, Kenya. Ngudo yo shumisa tsedzuluso ya pulane yo dzudzanywaho ya ṱhoḓisiso. Mawanwa o dzumbulula tshivhalo tsha vhushaka ha ndeme vhukati ha zwiṱaluli zwa mutshinyi na u tshinya hafhu. U ḓadzisa khazwenezwo, mbuedzedzo y mutshinyi na zwine tshitshavha tsha mudzhiisa zwone na vhuvha zwi tshi ya kha vhatshinyi zwi ṱuṱuwedza nga huhulu u tshinya hafhu. U bva kha ngudo, hu themendelwa uri muvhuso u ṋetshedze vhaofisiri vha ndulamiso zwiko zwine zwa ṱoḓea u shumisa tshiedziso tsha u ṱola khohakhombo tsha vhukuma. Tshiedziso tshi shumiswa u vhofholola vhafariwa u humbulela khonadzeo ya vhumatshelo ya u tshinyahafhu. U ḓadzisa kha zwenezwo, hu themendelwa uri muvhuso na vhadzhiamukovhe vho fhambanaho vha vhululamisi vha ḓe na kuitele kwo ṱanganelaho kwo livhiswaho tshoṱhe kha u dzhena hafhu ha vhatshinyi musi vha tshi tou bva dzhele. Tsha u fhedzisela, hu themendelwa uri muvhuso u bveledzise mbekanyamushumo dzo livhiswaho kha u tsivhudza miraḓo ya tshitshavha u sa i sa phanḓa na u fara vhatshinyi vha kale nga nḓila i si yavhuḓi. Mathemo a ndeme: U tshinya hafhu; mutshinyi hafhu; u dovha wa tshinya hafhu; mutshinyi; mufariwa; u tshinya u tshi ya phanḓa; u farwa hafhu; u hweswa mulandu hafhu; mbuedzedzo; mbuedzedzo; u dzhena hafhu; dzidzhele; u ḓala lwo kalulaho iii NKOMISO NHLOKOMHAKA: VUXAKELANI BYA VUYELELO BYA KU ENDLA VUGEVENGA NAKAMBE EXIKARHI KA VAKHOTSIWA LAVA TSHUNXIWEKE, NDZAVISISADYONDZO WA XIFUNDZA XA KAKAMEGA, EKENYA HI: EVANS M. ORUTA DIGRI: DOKODELA WA FILOSOFI EKA FAMBISELO RA SWA TIKHOTO TA SWA VUGEVENGA MULANGUTERI: Prof. Dkd Willem FM Luyt Vakhotsiwa lava tshunxiwaka eKenya va na 75% wa ntolovelo wa leswo va nga endla vugevenga byin’wana na 50% ta nkoteko wa ku ya ejele nakambe endzhaku ka ku tshunxiwa ka vona ejele. Kusuka eka ntolovelo wa ku vuyelela ku endla vugevenga nakambe eKenya, ku na nhlayo ya le henhla hindlela yo hlamarisa ya vaonhi lava va nga eku pfaleriweni ekhotsweni naswona endzhaku ka swona va tshunxiwa ku vuyela eka tindhawu ta vaaki, naswona ku na nxungeto wa le henhla wa ku khomiwa nakambe na ku pfaleriwa ekhotsweni nakambe hi vuntshwa, leswi i xivileriso eka vaendlatipholisi, vativi hi swa vugevenga na vafambisi va makhotso. Ndzavisisadyondzo lowu wu kambele nhlohlotelo wa swihlawulekisi swa vaonhi, ku hlanganisa nakambe vaonhi na vanhu eka tindhawu ta vaakandhawu na mavonelo na maehleketelo ya vaakandhawu hi mayelana na ku vuyelela ka swigevenga ku endla vugevenga eka Xifundza xa Kakamega, eKenya. Ndzavisisadyondzo lowu wu tirhise dizayini ya ndzavisiso wa mbalango ku nga survey research design. Leswi kumiweke swi paluxe vuxaka bya le henhla hindlela ya tinhlayonhlayo exikarhi ka swihlawulekisi swa vaonhi na vuyelelo bya ku endla vugevenga nakambe. Na le henhla ka sweswo, ku hlanganisa hi vuntshwa vaonhi na vaakandhawu nakambe hi vuntshwa na mavonelo na maehleketelo ya vaakandhawu eka vaonhi swi hlohlotela swinene vuyelelo bya ku endla vugevenga nakambe. Kusuka eka ndzavisisadyondzo, ku bumabumeriwa leswaku mfumo wu nyika vaofisiri va makhotso swipfuno leswi lavekaka ku tirhisa modlolo wa nhlahluvo wa nxungeto wa xiakichuwari ku nga actuarial risk assessment model. Modlolo lowu wu tirhisiwa eka vaonhi lava tshunxiweke ku vhumba nkoteko wa nkarhi lowu taka wa vuyelelo bya vugevenga nakambe. Ku tlhela nakambe ku bumabumeriwa leswaku mfumo na vakhomaxiave va makhotso vo hambanahambana va va na endlelo leri iv hlanganisiweke leri kongomisiwaka ngopfungopfu ku humeleka kahle ka ku vuyela ka vaonhi eka tindhawu ta vaaki loko vaonhi va tshunxiwa ekhotsweni. Xo hetelela, ku bumabumeriwa leswaku mfumo wu endla minongonoko leyi kongomisiweke eka vulemukisi bya vaakandhawu leswaku va tshika ku nyenyemuka khale ka vaonhi lava a va khotsiwile. Mathemekulu: Vuyelelo bya vuendli bya vugevenga nakambe; loyi a vuyelelaka ku endla vugevenga nakambe; ku vuyelela vugevenga nakambe; muonhi; mukhotsiwa; ku endla vugevenga hi vuntshwa; ku khomiwa hi vuntshwa; ku kumiwa u ri nandzu nakambe; mpfuxeto wa vululamisi; ku hlanganisiwa hi vuntshwa na vaaki; ku vuyela eka tindhawu ta vaaki; makhotso; ku tala ka vanhu ku tlula mpimo v Table of Contents Acknowledgement ....................................................................................................... i Summary ..................................................................................................................... ii CHAPTER ONE: THE RESEARCH ........................................................................... 1 1.1 Introduction .......................................................................................................... 1 1.2 The research problem .......................................................................................... 3 1.3 Research aim and objectives ............................................................................... 4 1.4 Scope of the study ................................................................................................ 4 1.5 Justification and significance of the study ............................................................ 4 1.6 Research methodology ........................................................................................ 6 1.6.2 Research design ...........................................................................................
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