Call to review laws as 33 children caught up in prison with their jailed mothers

Some of the women inmates at the Eldoret GK Prison 

Some 33 children, including a two-week-old infant are living behind bars at Eldoret GK Women Prison alongside their incarcerated mothers, raising concerns over the welfare of children born into or forced to grow up in prison.

Most of the women were convicted for minor offences, mainly involving the sale of illicit brew, and are serving their sentences in custody while nursing their children.

The situation came to light during a visit to the facility by High Court Judge ReubenNyakundi, who toured the prison to assess conditions and listen to testimonies from the mothers.

“I have been here for three months and I gave birth to twins a week ago. I am now forced to nurse them while serving my sentence,” an inmate told the judge.

Justice Nyakundi described the situation as deeply troubling, saying innocent children were effectively serving sentences for crimes committed by their mothers. He called for a review ofexisting laws to better protect children caught up in the criminal justice system.

“This is a complex situation, but there may be need to re-examine the laws so that cases involving children are handled in a more humane way,” he said.

The judge led a delegation of judiciary staff from Eldoret, including magistrates and court officers, who also donated towels to nursing mothers at the facility. The team expressed concern over what Nyakundi termed a cycle of poverty and crime, particularly linked to illicit brews.

“This is a very common offence in this region. Poverty pushes these women into illegal trade, and in the process, their children lose their freedom,” he said.

Nyakundi is now calling for urgent collaboration among stakeholders to address the root causes of illicit brews and shield children from prison.

He noted that in December 2025, he ordered the release of more than 20 nursing mothers to probation or Community Service Orders, but was alarmed that the numbers had risen again within a month.

Between 2021 and 2023, over 300 children under the age of four lived with their incarcerated mothers in Kenyan prisons with the children often described as the justice system’s “forgotten victims.”