reportedly had no access to prisoners without a court order and even if they possessed legal authorisation, consultations with their clients were only possible with the consent and in the presence of the prison doctor; n) The judiciary should be more diligent in visiting and inspecting prisons and more circumspect in its readiness to remand suspects or sentence offenders to deprivation of liberty. This applies particularly in respect of non-violent, first-time, suspected offenders and juveniles; - Problems of overcrowding were exacerbated by delays within the justice system o) Corporal punishment as a criminal penalty should be abolished at once. The same applies, despite its obsolescence, to corporal punishment for prison disciplinary offences; - Many prisoners held on remand for long periods. A/HRC/13/39/Add.6 104 partners to help humanize an underresourced and overpopulated system. The 1998 Community Service Orders Act had been instrumental in addressing the question of overcrowding, and ensured that petty offenders no longer had to serve prison sentences. Noncustodial sentences in community service projects became common. - Individuals, including juveniles were sometimes detained in prison without having been brought before a magistrate or judge Non-governmental sources: Justices often do not have the capacity or will to exercise the task of independent visitations. There is no obligation for Visiting Justices to visit prisons or to publicize or follow-up on the recommendations, which are furthermore not binding for the prison authorities. Even if the possibility of bail as an alternative to pre-trial detention is foreseen, the conditions are often too strict, excluding people who are unable to pay the bail. - Habeas corpus actions were open to the few who could afford a lawyer. According to article 74 (2) of the Kenyan Constitution, corporal punishment ordered by a court as part of a criminal sentence was not in contravention of the prohibition of torture referred to by the same article; Corporal punishment was foreseen as a disciplinary punishment in prisons; its application had to be The Criminal Amendment Act, enacted in 2003, abolished corporal punishment as a legal criminal penalty and corporal punishment was also banished by corporal punishment. Non-governmental sources: Kenya retains hard labour as a lawful punishment for convicted prisoners.