33 children held in prison with their mothers

The minors are held alongside their mothers at Eldoret GK Women’s Prison in Uasin Gishu County. [File, Standard]

Thirty-three children are among the 230 inmates currently held at Eldoret GK Women’s Prison in Uasin Gishu County.

The infants and young children, some as young as one month old, are serving sentences of between three and six months alongside their mothers, who were convicted mainly of dealing in illicit brew and other minor offences.

Alarmingly, some of the children are aged between two and three years, spending their formative months behind prison walls. “I have been here for three months. I gave birth to twins a month ago and must nurse them while serving my sentence. When I leave, it will only remain a memory for them that they spent time in prison with me,” said one of the incarcerated mothers.

The presence of children in correctional facilities raises serious concerns about children’s rights, welfare and development. It highlights the urgent need to examine Kenya’s legal and policy frameworks to ensure stronger protection mechanisms and alternatives to custodial sentences for mothers of young children.

On Friday, Justice Reuben Nyakundi led a team of judicial officers from Eldoret in a visit to the prison, where he expressed deep concern over the situation. He observed that most of the women had pleaded guilty to illicit brewing, driven largely by poverty. “I am sorry that you are here, but when we convict, we are simply following the Constitution and the law. What troubles me is that many women with infants pleaded guilty to illicit brew offences,” said Justice Nyakundi.

He described a vicious cycle of poverty and crime that continues to push vulnerable women into illegal activities, ultimately depriving children of their freedom and dignity. 

The judge called for urgent collaboration among stakeholders to address the root causes of the illicit brew trade and reduce the growing number of children living in prisons. “The justice system must be reviewed to prioritise the protection of children from the sins of their mothers. We must find better ways of shielding innocent children from prison exposure,” he said.

In December 2025, Justice Nyakundi ordered the release of more than 20 nursing mothers serving custodial sentences.

According to Kenya Prison Service statistics, more than 300 children under the age of four currently live with their incarcerated mothers across the country. By law, children are allowed to remain with their mothers in prison until the age of four, after which they must be separated.

Reports between 2021 and 2023 indicate that between 200 and 300 children have lived in Kenyan prisons annually, raising serious concerns about their long-term development, emotional wellbeing, and fundamental rights.