including those on long sentences, who can demonstrate that their behavior and character have improved. Such decongestion programmes always lead to an improvement in conditions and better diet for those who remain in prisons. Kenya Prison Composition Year Pre-trial Convicted Total 2009 19,636 29,032 49,554 2010 15,092 33,259 48,351 2012 20,140 36,040 53,000 50. Although prisons only have a capacity of 22,000, prisons are currently at 240 per cent occupancy at 53000, of whom 38 per cent are pretrial, up from 31 per cent in 2010 but down from 39 per cent in 2009. The Government is committed to alternatives to imprisonment including orders for probation, community service orders, and supervision in 'Borstal' schools for young offenders; supervision; and parole which is theoretically available when an inmate is three months from release and permits the inmate to be released for two weeks on parole before their release. Parole Guidelines are being developed for the provisions to be used. There are also conditional release, fines, compensation, and suspended sentences. 51. There is also the Probation and After Care Service in Kenya which helps in decongesting prisons. There are 650 professional probation officers in all courts in Kenya. In addition there are 300 volunteer probation officers providing auxiliary services. There are 18 field offices in all 47 counties of Kenya. The Probation Service helps courts make informed decisions on sentencing, regarding the protection of victims, on bail, and provides penal release assessment. It also makes community service placements. During the year 2011, there were 13,854 probation orders and 42,555 community service order placements. Article 7: Right to a Fair Hearing 52. The right to fair hearing is guaranteed under Article 50 of the Constitution of Kenya, 2010 which states that “every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.” The Courts include the Supreme Court of Kenya established under Article 163(1), the Court of Appeal established under Article 164(1), the High Court established under Article 165(1) and the subordinate Courts established under Article 169 including the Magistrate’s Courts, the Kadhis Courts the Court Martial. 53. The High Court is the one that is vested with original jurisdiction with regard to violations of human rights and it states under Article 165(3)(b) that the High Court has the jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened. Article 164(3) grants the Court of Appeal powers to entertain appeals from the decisions of the High Court. Article 50(2)(q) guarantees a convicted person the right to appeal to, or apply for review by, a higher court. 17