Abstract

Crime control in any country though primarily a mandate of the government should be a responsibility for all people, and an engagement of several agencies. This is because crime which is the main source of insecurity has many negative impacts. At the individual, family and neighbourhood levels, effective crime control lies in ensuring that one does not become a victim. However, in some countries like Kenya, provision of security has been left mainly to the traditional government institutions such as the police who have not succeeded because of a plethora of weaknesses in and mal-functioning of the criminal justice system in general. The aim of this paper is to explore these limitations against the fulfillment of deterrence, incapacitation, reformation and rehabilitation theories of punishment by the Criminal Justice System in Kenya. The methodology involved elaborate review of the findings of numerous scholars on the factors responsible for the malfunctions of the Criminal Justice System in Kenya. The paper concludes by making a case for the use of environmental, situational and social strategies based on the theories of public security as a mechanism of ensuring security in the country instead of relying heavily on the criminal justice agencies.

Key words: Criminal justice system, theories of punishment, theories of public security, crime control strategies, Kenya.