Court Frees Terminally Ill Elderly Prisoner Over Human Rights Concerns
Court rulings often shape society’s understanding of justice, punishment, and human rights. A recent case involving a 67-year-old prisoner, Reuben Figalo, has sparked widespread debate after Justice Jacqueline Kamau ruled in favor of his release due to terminal illness. Figalo, who was serving a 15-year sentence at Kakamega GK Prison for defilement, was freed because the state was unable to provide him with the necessary medical care.
Justice Kamau emphasized that the government must ensure adequate healthcare for all prisoners. If the state fails, continued incarceration amounts to inhumane treatment. Figalo’s case sheds light on the plight of elderly prisoners who suffer from chronic illnesses behind bars without proper medical attention.
Court Decision Highlights Justice System Challenges
The court’s decision to free Figalo underscores the tension between punitive justice and human dignity. The judge noted that forcing a terminally ill person to remain in prison without access to adequate healthcare is a violation of human rights. The ruling has led to questions about whether elderly and terminally ill inmates should serve their full sentences when proper care cannot be guaranteed.
Justice Kamau pointed out that keeping a critically ill prisoner behind bars places undue strain on other inmates and the prison system. She argued that prison should not be synonymous with cruelty. Instead, it should align with restorative justice principles that prioritize dignity and fairness.
Financial Burden of Incarcerating the Terminally Ill
Prison costs in Kenya are substantial, with each inmate’s food expenses alone amounting to Sh270 daily. The National Council of Administrative Justice (NCAJ) reported that as of 2024, Kenya had 61,915 prisoners. The cost of maintaining prisoners with severe health conditions is even higher due to specialized treatment needs.
Dr. Gikenyi Magare, a consultant trauma surgeon, stated that treating a patient like Figalo would cost between Sh150,000 and Sh800,000 for surgery. Additional costs for chemotherapy and radiotherapy could reach Sh600,000 per session. These expenses raise concerns about whether the prison system is financially equipped to handle terminally ill inmates.
Court Emphasizes Human Dignity in Sentencing
Justice Kamau’s ruling reflects a growing trend toward recognizing human dignity in sentencing. Lawyer Shadrack Wambui noted that the justice system offers alternative forms of punishment beyond imprisonment. Non-custodial sentences, such as house arrest or probation, could provide a more humane solution for terminally ill inmates.
Legal expert Evance Ndong highlighted that imprisonment is a colonial relic. He emphasized that justice should focus on rehabilitation rather than sheer punishment. He pointed out that in cases like Figalo’s, continued imprisonment serves no practical purpose. The court must balance punishment with compassion, ensuring that justice is both fair and humane.
Healthcare in Prisons: A Grim Reality
A 2019 report by the Kenya National Commission on Human Rights (KNHRC) revealed severe shortcomings in prison healthcare. Many facilities operate as dispensaries with limited medical services. Some prisons lack healthcare facilities altogether, forcing prisoners to rely on county hospitals.
Kwale Prison, for instance, has 400 inmates but depends on a hospital 33 kilometers away. Only a few prisons, like Naivasha, Kamiti, and Shimo la Tewa, have level 3 health centers. These facilities provide round-the-clock medical care and have isolation wards for critically ill prisoners.
However, most prisoners face inadequate healthcare, with 93% reporting insufficient food portions. KNHRC has recommended improved prison healthcare and access to inpatient treatment for less severe illnesses. The commission also noted that only 63% of prisons have ambulances, making emergency medical responses difficult.
Precedents of Releasing Elderly and Sick Inmates
Figalo’s case is not the first time an elderly prisoner has been freed due to medical reasons. In 2020, Justice Janet Mulwa released Susan Mueni, an 84-year-old woman convicted of fraud. The judge ruled that Mueni’s continued imprisonment served no purpose, as she was harmless due to her advanced age.
Not all courts, however, agree with this approach. Some judges maintain that illness alone is not enough to justify early release. Former Nairobi Town Clerk John Gakuo died in prison after being denied bail despite suffering from severe health conditions. Similarly, American Ponzi scheme mastermind Bernard Madoff died behind bars at the age of 82.
Balancing Justice and Compassion
The debate over whether prisoners should be released on medical grounds remains controversial. Justice Kamau’s ruling in Figalo’s case highlights a shift toward recognizing that justice should not be purely punitive. Instead, it should incorporate principles of human dignity and rehabilitation.
As Kenya continues to reform its justice system, cases like Figalo’s will likely set precedents for how courts handle elderly and terminally ill prisoners. The challenge remains in finding a balance between upholding justice and ensuring that incarceration does not lead to cruel treatment.
