The Kenya Prisons Service shall consist of the members of the Service appointed under this Act.

The Service shall consist of such ranks of senior and subordinate prison officers as the Cabinet Secretary may, by notice in the Gazette, specify, and prison officers shall have seniority as so specified.

The administration of the Service and the control and supervision of all prisoners shall be vested in the Commissioner, subject to the directions of the Cabinet Secretary.

The Commissioner may, subject to this Act, from time to time make standing orders and give administrative directions for the observance of all prison officers.

The Deputy Commissioner may exercise any of the powers or perform any of the duties vested in or assigned to the Commissioner by or under this Act or any rules made thereunder or by or under any other written law.

The Commissioner may delegate any of the powers vested in him by this Act or any rules made thereunder or, save where a contrary intention appears therein, by any other written law, to an Assistant Commissioner.

Any prison officer may examine anything within, or being brought into or out of, a prison, and may stop and search any vehicle or person within a prison, or going into or out of a prison or, whether within or without a prison, any person who, or any vehicle which, is without authority close to a prisoner or prisoners if he has reason to suspect that such person or vehicle is carrying a prohibited article or any property belonging to the Government in use in a prison.

The senior officer on duty in a prison may refuse admission to the prison to any person who is not willing to be searched.

The senior officer on duty in a prison may order any person within a prison who refuses to be searched to leave the prison and, if such person refuses to leave, may cause him to be removed from the prison, and for that purpose may use such force as may be necessary.

If on stopping and searching any vehicle or person under the provisions of subsection (1) of this section a prison officer finds any prohibited article or any property belonging to the Government in use in a prison he may arrest that person or the person on the vehicle who appears to have charge of the article or property and shall as soon as practicable cause any such person to be made over to a police officer or, in the absence of a police officer, to be taken to the nearest police station.

Any search of a woman under this section shall be made by another woman with due regard to decency.

Any prison officer may use such force against a prisoner as is reasonably necessary in order to make him obey lawful orders which he refuses to obey or in order to maintain discipline in a prison.

Where the defence to any suit instituted against a prison officer is that the act complained of was done in obedience to a warrant purporting to be issued by a court or other competent authority, the court shall, upon production of the warrant and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such prison officer.

No proof of the signature on a warrant shall be required unless the court has reason to doubt the genuineness thereof; and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of a prison officer if it is proved that, at the time the act complained of was committed, he believed on reasonable grounds that the signature was genuine.

No prison officer shall leave the Service, withdraw himself from duty or be absent without leave unless expressly permitted to do so by the Commissioner or by some other prison officer authorized to grant such permission.

Any prison officer who leaves the Service, withdraws himself from duty or is absent without leave or deserts the Service shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

No prison officer or any person with any duty with prisoners shall sell or supply, or receive directly any benefit or advantage from the sale or supply of, any article to or for the use of any prisoner or for the use of any prison, nor shall any such officer or person directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.

No prison officer or any person with any duty with prisoners shall directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from any contractor for or seller of such supplies, or have any pecuniary dealing with any prisoner or with any friend of any prisoner with regard to him, or on behalf of any prisoner hold any unauthorized communication with any person.

Any prison officer or person who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for term not exceeding six months or to both such fine and such imprisonment.

Any prison officer who contravenes the provisions of this section shall be liable to be dismissed from the Service and to forfeit all rights to any pension or gratuity.

If any question arises as to whether a body is a trade union, or association to which this section applies, the question shall be decided by the Cabinet Secretary, whose decision shall be final and conclusive.

No prison officer shall receive any fee, favour or gratuity from or have any business dealing with any prisoner, or with any discharged prisoner, or with any visitor to a prison, or with any friend of any such visitor.

No prison officer shall correspond with or have any dealing with any friend or relative of any prisoner, unless expressly authorized so to do by the officer in charge.

No prison officer unless so authorized by the Commissioner shall give any certificate or testimonial to, or in respect of, any prisoner as regards his conduct in prison or otherwise.

No prison officer shall, save in accordance with the orders or directions issued by the Commissioner, convey any communication or article to or from any prisoner.

Any prison officer who contravenes any of the provisions of this section shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

A prison officer may at any time be searched on the orders of a prison officer senior in rank to him.

The officer in charge may at any time order the quarters occupied by a prison officer to be searched by a prison officer senior in rank to such officer.

Every prison officer inquiring into a disciplinary offence alleged to have been committed by a prison officer shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time.

Any person summoned as a witness under subsection (1) of this section who fails to attend at the time and place mentioned in the summons or on adjournment, or refuses to answer any question lawfully put to him shall be guilty of an offence and liable to a fine not exceeding three hundred shillings or to imprisonment for a term not exceeding one month:

Provided that no witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

Any prison officer inquiring into a disciplinary offence under this section may order payment on the part of Government of the reasonable expenses of any witness attending before him as though such witness were attending a subordinate court for the purposes of a trial under the Criminal Procedure Code (Cap. 75), and such order shall be made subject to any rules made under section 394 of the said Code, mutatis mutandis.

The Cabinet Secretary may, by notice in the Gazette, declare any building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act, and may, in a like manner, declare that any prison shall cease to be a prison for the purposes of this Act.

Every prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging or attached thereto and used by prisoners or the staff of the prison.

In any writ, warrant or other legal instrument in which it may be necessary to describe a particular prison, any description designating a prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.

In every prison there shall be an officer in charge of the prison, who shall be designated "the officer in charge".

Where an administrative officer has been appointed to be an officer in charge of a prison, he shall, in relation to the prison, be subject to the orders and directions of the Commissioner, and shall, subject to any express limitations which may be imposed on him by the Commissioner in writing, have all the powers conferred by law upon an officer in charge.

Every officer in charge shall supervise and control all matters in connexion with the prison to which he is appointed, and shall keep or cause to be kept such records as the Commissioner may from time to time direct and shall be responsible to the Commissioner for the conduct and treatment of prison officers and prisoners under his control, and for the due observance by prison officers and prisoners of the provisions of this Act and of all rules, directions and orders made thereunder.

Where in any prison the number of prison officers detailed for duty therein is insufficient to secure the good management and government thereof, it shall be lawful for the officer in charge of such prison, with the consent of the Commissioner of Police, to employ temporarily such number of police officers as he may consider necessary to perform the duties of prison officers in such prison.

Every police officer appointed in pursuance of subsection (1) of this section shall thereupon have all the powers, and perform in such prison all the duties, of a prison officer of the class to which the officer in charge shall appoint and, for the purposes of this Act, shall be deemed to be a prison officer.

Where, on the removal of any prisoner from any prison, the staff of warders is insufficient to provide escort for such prisoner, it shall be lawful for the officer in charge of the prison from which the prisoner is to be removed to deliver the prisoner to any police officer who may be detailed for such duty, and thereupon such police officer shall have the same powers and be subject to the same responsibilities, discipline and penalties and to the same authorities as a prison officer would have and be subject to in like circumstances.

There shall be a medical officer stationed in or responsible for every prison.

The medical officer shall be responsible for the health of all prisoners in a prison and shall cause all prisoners to be medically examined at such times as shall be prescribed.

A medical officer may, whether or not a prisoner consents thereto, take or cause or direct to be taken such action (including the forcible feeding, inoculation, vaccination and any other treatment of the prisoner, whether of the like nature or otherwise) as he may consider necessary to safeguard or restore the health of the prisoner or to prevent the spread of disease.

All actions of a medical officer, prison officer, medical orderly, or other person acting under the provisions of the preceding paragraph, or in pursuance of directions given thereunder, shall be lawful.

Every prisoner confined in any prison shall be deemed to be in the lawful custody of the officer in charge of the prison and shall be categorized and detained in such manner as to take into account the safety of the prisoner, of the public and of other persons in the prison.

Every officer in charge shall keep and detain all persons duly committed to his custody by any court or other competent authority according to the terms of the warrant or order by which such person has been committed, or until such person is discharged by due course of law.

A prisoner who is being removed or transferred from one prison to another shall, while outside the prison, be kept in the custody of the prison officer directed to convey him and shall be deemed to be in the lawful custody of the officer in charge of the prison at which such prison officer is serving.

Subject to such conditions as may be prescribed, the infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at public expense:

Provided that such child shall only be permitted to remain in prison until it attains the age of four years or until arrangements for its proper care outside prison are concluded, whichever shall be the earlier.

Without prejudice to the provisions of section 148 of the Criminal Procedure Code (Cap. 75), whenever the presence of any prisoner is required by any court, such court may issue an order addressed to the officer in charge requiring production before the court of the prisoner in proper custody at the time and place to be named in such order, and the officer in charge shall cause the prisoner named in such order to be brought up as directed, and shall provide for his safe custody during his absence from prison, and every such court may by endorsement on such order require the prisoner named therein to be again brought up at any time to which the matter wherein such prisoner is required may be adjourned.

A prisoner taken from a prison in pursuance of an order made under this section shall, whilst outside the prison, be kept in such custody, including police custody, as the officer in charge may direct and whilst in that custody shall be deemed to be in lawful custody.

Prisoners on remand or committal for trial, who are required to attend any court, may be taken for that purpose into police custody, at the prison to which they have been committed, and shall remain under police supervision and guard until returned to the prison or discharged by the court.

A civil prisoner or an unconvicted person may be permitted to maintain himself and to purchase or receive from private sources, at proper hours, food, clothing or other necessaries, but subject to examination and to such other conditions as the Commissioner may direct.

No food, clothing or other necessaries belonging to a civil prisoner or an unconvicted person shall be given, hired, loaned or sold to any other prisoner; and any prisoner or person contravening the provisions of this section shall be liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the officer in charge may think proper.

If a civil prisoner or an unconvicted person does not provide himself with food or clothing, or if such food or clothing is in the opinion of the officer in charge unsatisfactory, such prisoner or person shall receive the prescribed food and clothing.

Whenever a medical officer is of the opinion that any prisoner is of unsound mind, he may, by order under his hand in the form prescribed, direct that such prisoner be removed to any mental hospital in Kenya and be there detained, and such order shall be authority for the reception of the prisoner and for his detention in such mental hospital until removed or discharged as hereinafter provided.

Where any prisoner removed to a mental hospital under subsection (1) of this section is, in the opinion of the person in charge of such mental hospital, no longer of unsound mind, the person in charge as aforesaid shall notify the officer in charge of the prison from which the prisoner was removed, and the prisoner shall then be delivered into the custody of the officer in charge of that prison if still liable to be confined in prison, and if not so liable, shall be released.

Upon the expiration of the term of imprisonment to which he has been sentenced, the provisions of section 30 of the Mental (Treatment) Act (Cap. 248) shall apply to any prisoner detained in a mental hospital under this section as if he were detained in accordance with a reception order made under Part VI of that Act.

The period during which the prisoner has been detained in a mental hospital under this section shall be reckoned as part of his term of imprisonment.

In the case of the illness of a prisoner detained in a prison in which there is not suitable accommodation for such prisoner, the officer in charge, on the advice of the medical officer, may order his removal to a hospital, and in case of emergency such removal may be ordered by the officer in charge without the advice of the medical officer.

Any prisoner who shall have been removed to a hospital under the provisions of this section shall be deemed to be under detention in the prison from which he was so removed.

Whenever the medical officer in charge of a hospital considers that the health of a prisoner removed to that hospital under this section no longer requires his detention therein, he shall notify the officer in charge of the prison from which the prisoner was removed and the officer in charge of that prison shall thereupon cause such prisoner to be returned to the prison if he is still liable to be confined therein.

Every reasonable precaution shall be taken by the medical officer in charge of a hospital and the persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such officer and person to take such measures for the preventing of the escape of any such prisoner as may be necessary:

Provided that nothing shall be done under the authority of this section which, in the opinion of the medical officer in charge of such hospital, is likely to be prejudicial to the health of such prisoner.

The period during which the prisoner has been detained in a hospital under this section shall be reckoned as part of his term of imprisonment.

Where a medical officer reports to the Commissioner that a prisoner is a leper, the Commissioner may, subject to the provisions of subsection (2) of this section, by order in writing direct the removal of that prisoner to a leper settlement, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to confinement in prison, whichever shall be the earlier.

No order shall be made by the Commissioner under subsection (1) of this section unless and until he has received notification in writing that the person in charge of the leper settlement to which he wishes to remove the leper prisoner is able and willing to receive such prisoner.

So long as any prisoner who shall have been removed to a leper settlement under this section shall remain therein and remain liable to confinement in prison, the person in charge thereof shall from time to time transmit to the officer in charge of the prison from which such prisoner was removed a certificate signed by him that it is in his opinion necessary that he should remain in such settlement.

So soon as, in the opinion of the person in charge of a leper settlement, it is no longer necessary that a prisoner who has been removed to such settlement should remain therein, he shall transmit to the officer in charge of the prison whence the prisoner was removed, if such prisoner is still liable to confinement in prison, a certificate stating that such necessity has ceased, and thereupon the officer in charge shall forthwith cause such prisoner to be returned to the prison; and, if not so liable, the prisoner shall be released.

Every reasonable precaution shall be taken by the person in charge of a leper settlement and the other persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such persons to take such measures for the preventing of the escape of any such prisoner as may be necessary:

Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of such settlement, is likely to be prejudicial to the health of such prisoner.

For the purpose of this section, "leper" means a person suffering from active leprosy.

Every prisoner under sentence of imprisonment with labour may be kept to labour, within or without the precincts of any prison, in such type of employment as the Commissioner may direct.

Every prisoner under sentence of imprisonment may be required to engage in such type of employment approved by the Commissioner as the officer in charge may direct.

A medical officer may order that a prisoner shall not be required to perform any labour, or any labour other than light labour, as the case may be, for such period as the physical and mental conditions of the prisoner may require.

Civil prisoners and unconvicted persons shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean; other employment may be given them at their own request.

Appellant prisoners shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean and to perform such labour as the Commissioner, with the approval of the Cabinet Secretary, may direct.

The officer in charge shall be responsible for the due discharge of all prisoners immediately upon their becoming entitled to release.

No prisoner under treatment by the medical officer shall be discharged from prison except at his own request until, in the opinion of the medical officer, such discharge can be effected without danger to the health of such prisoner.

All prisoners shall be discharged before noon on the date on which they are entitled to be released, but should that date fall on a Sunday or a public holiday, they shall be released before noon on the day preceding that Sunday or public holiday.

For the purpose of giving effect to the provisions of subsection (1), each prisoner on admission shall be credited with the full amount for remission to which he would be entitled at the end of his sentence if he lost no remission of sentence.

Notwithstanding the provisions of subsection (1) of this section, the Commissioner may grant a further remission on the grounds of exceptional merit, permanent ill-health or other special ground.

[Act No. 18 of 2014, Sch., Act No. 25 of 2015, Sch.]

Every compulsory supervision order shall be made on or prior to the discharge of the prisoner in respect of whom it is made and shall be in such form and subject to such terms and conditions as may be prescribed.

Where the Commissioner is satisfied that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Commissioner may revoke the order and issue a certificate to that effect which shall contain a statement of the amount of remission earned by the prisoner under section 46 of this Act immediately before the making of the order, and such certificate shall be conclusive evidence of its contents.

When any compulsory supervision order made under this section has been revoked the prisoner in respect of whom such order had been made shall, after undergoing any other punishment to which he has been sentenced, if any, undergo a term of imprisonment equal to a period of three months, or to the period of remission he had earned under section 46 of this Act, immediately before the making of the compulsory supervision order, whichever is the greater.

Where a compulsory supervision order has been revoked by the Cabinet Secretary, a magistrate shall, on production to him of a certificate of such revocation signed by the Commissioner, issue a warrant for the arrest of the person in respect of whom the compulsory supervision order had been made; and such person on being arrested shall be brought before that magistrate or any other magistrate having jurisdiction who, on being satisfied after proper inquiry that the person has been convicted of an offence or has contravened or failed to comply with any of the terms and conditions of his order, shall commit him to prison for the term provided in subsection (4) of this section.

Notwithstanding the provisions of subsection (1) of this section, the Commissioner may at any time discharge a prisoner undergoing a term of imprisonment under subsection (4) of this section, and at the same time make a further compulsory supervision order in respect of such prisoner.

The Commissioner may vary a compulsory supervision order, and if he considers that a person subject to a compulsory supervision order should be freed from all liability under this Act he may cancel the order, and the person shall thereupon be free from all such liability.

[Act No. 8 of 1968, Sch., Act No. 10 of 1981, Sch.]

Within three months of the date upon which a prisoner serving a sentence of or exceeding four years is due for release, the Commissioner may allow such prisoner to be absent from prison on parole for such length of time and upon such conditions as the Commissioner may specify.

The Commissioner or an officer in charge may at any time recall a prisoner released on parole.

Any prisoner who fails to return to prison in accordance with the conditions of his parole or when informed that he has been recalled under subsection (2) of this section may be arrested without warrant, and he shall be guilty of an offence and liable to the same punishment as if he had escaped from prison.

A prisoner who, when released on parole, contravenes or fails to comply with the conditions imposed upon him shall be guilty of an offence and liable to imprisonment for a term not exceeding six months.

The Commissioner may punish any prisoner, found after due inquiry by him to be guilty of a prison offence.

An officer in charge on finding a prisoner guilty of an aggravated prison offence may, if he is of the opinion that in the circumstances of the case or because of the prisoner’s character the powers of punishment he possesses are inadequate, transfer the case to the Commissioner for punishment.

In this section and in section 51 of this Act the expressions, "reduction in stage" and "postponement of promotion in stage" mean the removal of a prisoner to a lower stage and the postponement of promotion to a higher stage, respectively, in the prescribed progressive stage system.

No prisoner shall be subjected to punishment diet or corporal punishment until certified as medically fit to undergo it by a medical officer or other person appointed for such purpose by the medical officer.

Punishment diet shall not be combined with labour.

Where corporal punishment is awarded the number of strokes shall be limited to a maximum of ten strokes in the case of persons of or under the apparent age of sixteen years, and in all other cases to eighteen strokes, and shall be inflicted with such type of cane as may be prescribed.

Every sentence of corporal punishment imposed upon a prisoner by an officer in charge shall be subject to confirmation by the Commissioner, who may increase or reduce the number of strokes ordered to be inflicted, or may substitute any other punishment or punishments he is authorized by this Act to award.

No sentence of corporal punishment shall be carried out until a period of twenty-four hours has elapsed from the time of the order thereof nor until a medical officer has certified that the offender is physically fit to undergo such punishment.

A medical officer may give such orders for the prevention of injury to the health of the offender ordered to receive corporal punishment as he may deem necessary, and such orders shall be carried out before the punishment is inflicted; and if, during the course of the infliction of such punishment, the medical officer shall order it to be discontinued, it shall be discontinued accordingly.

Corporal punishment shall not be inflicted upon any female prisoner, nor upon male prisoners under sentence of death, nor upon any civil prisoner.

Any person who without lawful authority brings or introduces in any manner into a prison a prohibited article, or who without lawful authority takes out or removes from a prison a prohibited article, shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings or to both such fine and such imprisonment.

For the purpose of this section, a "prohibited article" shall be any article contained in the list which shall be fixed in a conspicuous place outside every prison and shall be signed by the Commissioner or by the officer in charge on his behalf and shall contain a list of articles which the Commissioner has decided shall be prohibited. The list shall be written in English, Swahili and the language which the officer in charge considers to be the local vernacular.

Any person who without lawful authority enters or remains within the boundaries of a prison or any place where prisoners are working shall be guilty of an offence and, if he refuses to leave when requested to do so, may be arrested without warrant by a prison officer or a police officer.

Any person who contravenes the provisions of subsection (1) or subsection(2) of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred shillings, or to both such imprisonment and fine.

Any person who by any means directly or indirectly procures or persuades, or attempts to procure or persuade, any prison officer to desert, or who aids, abets or is accessory to the desertion of any prison officer, or who, having reason to believe that any person is a deserter, harbours such deserter, or aids him in concealing himself, or assists in his rescue, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding four thousand shillings or to both such imprisonment and such fine.

Any person who directly or indirectly instigates, commands, counsels, or solicits any mutiny, sedition or disobedience to any lawful command of a prison officer to any other prison officer, or maliciously endeavors to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and liable to imprisonment, for a term not exceeding two years or to a fine not exceeding six thousand shillings or to both such imprisonment and such fine.

The Cabinet Secretary may, by notice in the Gazette, declare any building, enclosure or place, or any part thereof, to be a youth corrective training centre for the purposes of this Act, and may, in like manner, declare that any youth corrective training centre shall cease to be a youth corrective training centre for the purposes of this Act.

No prisoner other than a person sentenced to corrective training in a youth corrective training centre under section 67 of this Act shall be detained in a youth corrective training centre.

Subject to subsection (2) of this section, every youth corrective training centre shall be deemed to be a prison for the purposes of this Act.

Every person sentenced to corrective training in a youth corrective training centre shall be deemed to be a prisoner for the purposes of this Act, including remission of sentence.

The Commissioner shall maintain records of all prisoners detained in all prisons in Kenya.

The Commissioner shall ensure control and regulation of the information in the register, necessary safeguards for protection and confidentiality of the data or information contained in the registration and data serialization established, developed and maintained under this Act, including any database and networking infrastructure.

The Commissioner shall maintain an integrated biometric system to enable sharing of information within the criminal justice system.

The Cabinet Secretary shall, from time to time, appoint by notice in the Gazette fit and proper persons to be visiting justices for each prison.

The District Commissioner, the resident magistrate and all administrative officers in any district in which a prison is situate shall be ex officio visiting justices of that prison.

A visiting justice may at any time visit a prison in respect of which he is a visiting justice.

A visiting justice may inspect the several wards, cells, yards, punishment cells and other apartments and divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaint, if any, of any prisoner, and question any prisoner or prison officer, and shall ascertain so far as possible whether this Act, and the rules made thereunder, and the prison standing orders, are adhered to, and shall call the attention of the officer in charge to any irregularity that may be observed in the working of the prison or in the treatment of any prisoner confined therein, and shall exercise and perform such other duties as may be prescribed.

The visiting justices to any prison may appoint a chairman and may act as a Board of Visiting Justices and may, at the end of each year or at any other convenient time, render a report to the Cabinet Secretary on the state of the prison to which they are visiting justices.

A Cabinet Secretary or a judge may at any time visit any prison and exercise all or any of the powers of a visiting justice, and may enter any observations he thinks fit to make in reference to the condition of the prison and the prisoners, in a visitors’ book to be kept for that purpose by the officer in charge; the officer in charge shall inform the Commissioner of any observations so entered in the visitors’ book.

Deleted by Act No. 10 of 1983, Sch.

Notwithstanding anything to the contrary in this section contained, the Cabinet Secretary may make different rules in respect of different classes, categories or groups of prisons, prisoners or prison officers, or in respect of particular prisons.