Kenya has set a judicial precedence which may influence other member states of the East African community.
The High Court of Kenya has held that no child should ever serve a prison sentence for their mother’s crime.
“When an expectant woman is taken to court, the court must first ask one question, what is in the best interest of this child,” reads part of the legal argument.
If jailing a mother will harm her child, then prison should not be the default.
Judicial Officers MUST seriously consider non-custodial sentences on expectant women unless the offence is so grave that mercy would be unjust.
It is common among countries in the region to find breastfeeding mothers sent to prison with their child.
