High Court Judge Calls for National Review of Sentencing for Mothers with Young Children
The national government needs to protect children’s welfare as the main priority while emergency reforms need to happen because of existing issues.
Justice Reuben Nyakundi Photo: Achieng Kemuma.
By Ruth Sang
The High Court judge demands a national dialogue about how the justice system punishes mothers with young children because prison conditions endanger the welfare of their children who are living in these facilities.
Eldoret High Court Judge Justice Reuben Nyakundi made the call following a routine inspection visit to the Eldoret Women’s Prison, where he observed serious challenges affecting children aged three years and below who are incarcerated alongside their mothers. He pointed out that children should not be present in correctional facilities because it creates serious human rights violations and welfare issues which affect children who have not broken any laws.
Justice Nyakundi revealed that at least 35 children are currently living with their mothers in prisons across the country. He warned that prison environments are unsuitable for children and pose risks to their physical, emotional, and psychological development due to harsh living conditions.
The judge pointed out that although Kenyan law provides for alternative and non-custodial sentencing options, these provisions are not being fully utilised by the courts. The judge explained that courts should base their sentencing decisions on what will benefit the child and mother relationship in cases where young children are involved.
Justice Nyakundi asked all parties involved in the legal system to work together with national and county governments and social organizations to create new legal and policy frameworks for the review of existing laws. The judge said that multiple organizations must work together to protect children’s rights while maintaining laws that match contemporary situations.
The judge told prisons to create better facilities which would protect vulnerable people until permanent solutions become available. The national government needs to protect children’s welfare as the main priority while emergency reforms need to happen because of existing issues.
His comments have increased public support for the national discussion between prison reform advocates and supporters of non-custodial sentences for offenders who have family and caregiving duties.
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