After 34 years of navigating and working within the U.S. criminal justice system, where even the most basic standards like access to hot water, sanitation, health and sufficient food are generally met, it was a sobering experience to witness first-hand, the harsh realities of incarceration in Kenya during a visit to Lang’ata Women’s Maximum Security Prison in Nairobi.

Make no mistake, U.S. prisons are not a model to be emulated. America’s prison system is deeply flawed, plagued by mass incarceration, systemic racism, solitary confinement abuses, and a profit-driven prison-industrial complex. However, certain aspects around rehabilitative programming and structured reintegration services do offer valuable lessons.

In contrast, Kenyan prisons continue to operate within colonial-era structures originally designed for control and punishment, not rehabilitation. While there have been reform efforts over the years and some improvements in conditions, the overall environment remains harsh. The infrastructure is severely outdated, marked by dilapidated buildings, overcrowded cells, and inadequate sanitation. These conditions reflect decades of underinvestment in the correctional system. At present, the budgetary allocation for prisons stands at approximately  32 billion Kenyan Shillings  (about 246,000 USD), accounting for less than 1% of the country’s total annual budget.

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The  prison environment also raises serious children’s rights concerns. For instance, under the  Prisons Act , incarcerated mothers may remain in custody with their infant children until the age of four, or until suitable care arrangements are made. While well-intentioned, this policy places innocent children in environments wholly unsuited for their physical, emotional, and psychological development. The risk of these children witnessing or experiencing neglect, mistreatment, or trauma poses profound ethical and legal questions about their rights and welfare. These children, innocent of any crime, are spending their formative years in spaces defined by confinement and control, not care.

Investing in more humane and rehabilitative correctional approaches is not an act of charity. It is a legal and moral obligation, affirmed by international human rights frameworks.  The  United Nations Standard Minimum Rules for the Treatment of Prisoners , commonly referred to as the Nelson Mandela Rules, require Member States to ensure that the accommodation of prisoners meet basic standards to health, including minimum floor space, lighting, heating, and ventilation. It also imposes the requirement for basic needs and explicitly provides that the purpose of imprisonment is not only punishment, but also rehabilitation and social reintegration.

Yet, some argue that given limited resources, public funds should not be spent on improving prison conditions; that incarceration is a punishment, not a privilege. But this perspective fails to consider the long-term societal costs of neglecting correctional facilities and those impacted by the justice system.

Consider that Kenya’s recidivism rate currently stands at 42%, placing a persistent strain on courts, law enforcement, and communities. This reoffending cycle is not inevitable. It can be significantly reduced through rehabilitative interventions.

Programs focused on education, mental health, job readiness, and transitional support have consistently been shown to reduce recidivism and promote successful reintegration into society. In the U.S., incarcerated individuals who participated in education programs were  43% less likely to return to prison . For every $1 invested in these programs, the system saved $4 to $5 in incarceration costs. These outcomes are beneficial not only for those incarcerated but for society as a whole.

Yet in Lang’ata Women’s Prison, the only state-sponsored program is textile production. The gap left by limited government investment is being partially filled by nonprofit organizations and individual volunteers.  Clean Start Africa , for example, offers mental health support and economic empowerment programs, while the Chandaria Foundation funds a bakery that supplies bread to prisons across Nairobi. There are also music lessons and computer classes, often provided by volunteers, which offer both creative expression and practical skills. However, these initiatives are not widespread across Kenya’s over 130 prisons. In fact, Lang’ata Prison has been referred to as a ‘hotel prison’ as it receives more attention and support than most facilities in the country, pointing to disparities within the system.

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