Courts will have the discretion to issue an alternative sentence when a woman convicted of an offence is found to be pregnant, that is if a Bill before the National Assembly sails through.
The Criminal Procedure Code (Amendment) Bill, 2023 further proposes that courts should also have the discretion to issue alternative sentences if the woman is a mother of a child five years and below.
The Bill sponsored by Imenti North MP Abdulrahim Dawood further proposed that a woman found guilty of an offence punishable by death and is pregnant and a mother of a child less than five years should get a maximum of 20 years in prison.
“Where the offence is punishable by imprisonment of fewer than 10 years, the woman is to be given a non-custodial sentence, taking into account the gravity of the offence,” the Bill states.
The principal objective of the Bill is to amend the Criminal Procedure Code, Cap 75 to insert a new section 15A.
Appearing before the Justice and Legal Affairs Committee, Dawood said the Bill seeks to safeguard the rights of the child.
The Bill comes hot on the heels of a Notice of Motion by Konoin MP Brighton Yegon who wants the government to come up with a childcare programme for children whose mothers are under lawful custody.
He wants the government to cater for children who are aged four years and above.
Yegon said the State Department of Social Protection needs also take care of children whose mothers have been arrested or convicted, even if they are above the age ceiling.
“Children above the age of four years still require parental support,” the MP explained.
Section 22 of the Persons Deprived of Liberty Act and the Childcare Policy provide for the care of a child whose mother is deprived of liberty until the child attains the age of four years.
