High Court Judge Calls for National Dialogue on Incarceration of Mothers With Young Children

An Eldoret High Court judge has called for a national dialogue on how Kenya’s justice system handles mothers with young children, warning that prison conditions pose serious risks to the welfare and rights of children living in correctional facilities.

Justice Reuben Nyakundi made the call following a routine inspection visit to the Eldoret Women’s Prison, where he observed significant challenges affecting children aged three years and below who are incarcerated alongside their mothers.

The judge noted that children should not be raised in prison environments, stressing that such settings amount to human rights violations against minors who have committed no offence.

“Prisons are not designed for children. Subjecting them to these environments exposes them to physical, emotional, and psychological harm,” Justice Nyakundi said.

He revealed that at least 35 children are currently living with their mothers in prisons across the country, describing the situation as alarming and incompatible with the best interests of the child.

Justice Nyakundi pointed out that while Kenyan law provides for alternative and non-custodial sentencing options, courts have not fully utilised these provisions, particularly in cases involving mothers with young children.

He urged judicial officers to consider the welfare of both the child and the mother when issuing sentences, noting that preserving the mother–child bond should be a key factor in such decisions.

“The law already provides options that can protect children while still holding offenders accountable. What is lacking is consistent application,” he said.

The judge called on all actors within the justice system to work collaboratively with the national and county governments, as well as civil society organisations, to review existing laws and develop new legal and policy frameworks that respond to current realities.

He also urged the Kenya Prisons Service to improve facilities for vulnerable groups as an interim measure while long-term solutions are pursued, emphasizing that the protection of children’s welfare must remain a national priority.

Justice Nyakundi’s remarks have reignited public debate on prison reforms, with human rights advocates and supporters of non-custodial sentencing calling for urgent changes to ensure that children are not punished for the offences of their parents.