Christmas Relief for Families as Over 300 Inmates Are Freed by Eldoret High Court
More than 300 inmates from Eldoret Main Prison and Eldoret Women Prison released following a Judiciary-led review targeting non-serious offenders, with the court citing rehabilitation, children’s rights, and economic hardship as key considerations.
Inmates follow court proceedings during a special High Court session held at Eldoret Women Prison, presided over by Eldoret High Court Presiding Judge Justice Reuben Nyakundi, as part of a prison decongestion and sentence review exercise.
By James Gitaka
More than 300 inmates from Eldoret Main Prison and Eldoret Women Prison have been released in a large-scale prison decongestion exercise spearheaded by the Presiding Judge of the Eldoret High Court, Justice Reuben Nyakundi.
The releases, conducted in phases since October and November, are part of a broader Judiciary initiative aimed at reducing congestion in correctional facilities while promoting rehabilitation and reintegration of low-risk offenders into society.
Speaking on Monday during the release exercise at Eldoret Women Prison, Justice Nyakundi said the Judiciary deliberately targeted inmates serving sentences of three years and below, most of whom had been convicted of non-serious offences.
“We have been intentional in evaluating men and women serving sentences of three years and below for various offences, including assault, grievous harm, threatening to kill, and the brewing or sale of chang’aa and other traditional brews,” Justice Nyakundi said.
He noted that a majority of the released inmates, particularly women, had been jailed for engaging in the brewing and sale of illicit and traditional alcohol, a trend he attributed largely to economic pressures.
“It appears that brewing chang’aa and other traditional brews has become a major activity because it offers quick economic returns. Many women told us it was easier to brew than to engage in farming, selling second-hand clothes, or other income-generating activities,” he observed.
Justice Nyakundi added that the ready market for illicit brews continues to drive the illegal trade despite awareness of the strict penalties involved.
“They know it is unlawful and they understand the stringent fines and long sentences, but economic hardship pushes them to take the risk,” he said.
According to the court, many of the women released on Monday admitted to having engaged in the illegal trade for more than four years but expressed a willingness to pursue lawful livelihoods upon release.
The judge called on both the national and county governments to address the socio-economic factors that fuel such offences, urging a closer examination of poverty levels and access to sustainable income opportunities.
“We must examine social and economic rights alongside poverty indices and ask whether enough support is being offered. With guidance from agricultural officers and social workers, many of these women can transition into lawful businesses,” Justice Nyakundi said, warning that illicit alcohol continues to harm families and communities.
A key consideration in the court’s decision was the welfare of children living in prison with their mothers.
“Many of the women released today had young children, some below one year old, who were serving custodial sentences alongside their mothers and even grandmothers. These children are innocent. They are foreigners in the justice system, yet they are victims,” he said.
Citing constitutional protections on children’s rights, Justice Nyakundi said the court prioritized the best interests of the child, allowing mothers to reunite with their families ahead of the Christmas holidays.
All released inmates have been placed under the supervision of probation officers, who will monitor their reintegration and submit monthly reports to assess behavioural change and compliance.
“Transformation must be real. During this supervision period, government support through alternative business models will be critical to prevent reoffending,” he added.
Justice Nyakundi revealed that some of the women require as little as KSh 3,000 to KSh 15,000 to start small businesses, noting that the Court Users Committee plans to engage county governments and other stakeholders to explore possible support.
“A prison facility should be a place of last resort, reserved for serious offenders,” he said.
Eldoret Women Prison Officer-in-Charge Patricia Simiyu Makali welcomed the move, describing it as a major relief to the facility.
“We thank the Judiciary, led by our Presiding Judge, for decongesting our prison. We currently have about 100 women inmates, and the release of 15 of them is a great gesture. We also had over 24 children in custody, most of whom will now be going home,” Makali said.
One of the beneficiaries, identified as Joan to protect her identity, expressed overwhelming joy after her release.
“I was convicted of selling illicit brew and sentenced to one year. I have only served one month, and I cannot believe I will be spending Christmas with my children in Moiben,” she said tearfully. “I missed them so much. I will never do anything illegal that separates me from my children again. I will engage in farming and earn my living lawfully.”
The decongestion exercise aligns with ongoing judicial reforms focused on restorative justice, reducing overcrowding in prisons, and prioritizing rehabilitation over incarceration for minor offences.
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