Part VIII of the Lukautim Pikinini Act 2015 protects an unborn child as well as a born one.
Section 60(1) — what a pregnant inmate is entitled to
A pregnant inmate shall be entitled to proper medical attention, rest, nutrition, and shall not be subject to any form of labour that will, or is likely to, endanger the unborn child or the continuation of normal pregnancy.
| Entitlement | What it covers |
|---|---|
| Proper medical attention | Antenatal care, and treatment of any complication |
| Rest | Relief from the ordinary prison routine as pregnancy requires |
| Nutrition | A diet adequate for pregnancy, not the standard ration alone |
| No dangerous labour | Exemption from prison work that will, or is likely to, endanger the unborn child or the pregnancy |
The prohibition on labour operates on likelihood, not on proof of harm. Work that is likely to endanger the unborn child or the pregnancy must not be required — heavy lifting, prolonged standing, exposure to chemicals or heat.
The entitlement is unconditional. It does not depend on the inmate applying, on a medical certificate, or on the prison’s resources.
Section 60(2)
A person who endangers the health of the pregnant inmate, the unborn child or the continuation of normal pregnancy is guilty of an offence.
Penalty: a fine not exceeding K2,000.00 or imprisonment for a term not exceeding two years, or both.
The offence protects three distinct things: the inmate’s health, the unborn child, and the continuation of normal pregnancy. Endangering any one of them is enough.
And the offence is committed by “a person” — not confined to correctional officers. It reaches a fellow inmate, a contractor, a visitor, or anyone else within the prison.
Note that the section speaks of endangering. No actual injury or miscarriage need be proved.
Section 57 — the Office must be told
The Commissioner of Corrective Institutions or his delegate shall, as soon as practicable, notify the Office for Child and Family Services of the reception of a pregnant woman or a mother inmate with a child under the age of three years.
A prison is a closed institution. Section 57 requires that the Office — a separate body corporate with its own Director — be told of every pregnant woman received.
That connects to the Office’s standing function under section 14(g) to inspect centres providing child care, jails and police cells, and to the Director’s duty under section 61 to enter a prison at least annually to review compliance with child-friendly practices and to have access at all reasonable times to all parts of the child-friendly place.
Notification also allows planning: where the mother will give birth, whether the child will live with her in prison under section 56, and what arrangements are needed if it will not.
Section 62 — women held on remand
(1) A mother of a child under the age of three years being held in lawful custody is entitled to continue to feed and provide care at a place conducive to the child’s health and safety.
(2) A pregnant remandee shall be treated in a manner as would not endanger the welfare or wellbeing of the unborn child.
A remandee has not been convicted of anything. The presumption of innocence in Constitution section 37(4)(a) applies in full.
Custody on remand also arises suddenly, often in a police lock-up rather than a corrective institution — which is why the section speaks of “lawful custody” generally rather than of prison.
Subsection (1) requires a place conducive to the child’s health and safety. A police cell will rarely be that, which is the practical force of the provision.
Where these sections sit
Section 83 — Part XI contains a general offence provision concerning pregnant women, operating outside the custodial context.
Section 55 — the Director may apply to have a child transferred out of a corrective institution or police lock-up.
Section 5(1)(b) — children have the right to be protected from all forms of abuse, neglect and maltreatment.
Constitution section 36 — freedom from inhuman treatment, which applies to every person in custody.
Where the woman in custody is herself a child, the Juvenile Justice Act 2014 also applies, by force of section 119(b).
Sources
- Lukautim Pikinini Act 2015 — ss 5, 14, 55–62, 83, 119
- Constitution — ss 36, 37
- Juvenile Justice Act 2014
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.