For decades, short-term imprisonment of mothers has been treated as routine, even as its harm ripples far beyond the individual offender. When a mother is incarcerated, the family is fractured. By law, children aged 0 to 4 accompany their mothers to prison, while others are separated from their primary caregiver at the most formative stage of life. In reality, the punishment has never been borne by the mother alone, it has been shared by innocent children. Justice Nyakundi’s ruling courageously confronts this injustice. By recognizing probation and other non-custodial measures as the more just and effective option for mothers with children, the Court affirms a simple but powerful truth: accountability does not require incarceration, and justice must protect society without destroying families. This decision aligns squarely with the principles of restorative justice, an approach that prioritizes healing, responsibility, and reintegration over retribution. Probation allows mothers to remain present in their children’s lives while accessing rehabilitation, earning livelihoods, and rebuilding stability. Globally and locally, evidence continues to show that non-custodial sentencing is not only more humane, but also more effective than short-term imprisonment in reducing reoffending and strengthening social cohesion. From a child development perspective, the implications are immense. Early childhood is foundational for emotional attachment, cognitive growth, and a sense of safety. Growing up behind prison walls or growing up without a mother due to incarceration creates trauma that can shape a child’s entire life course. This ruling rightly acknowledges that a child’s psychological wellbeing and right to family life must be central considerations in sentencing decisions, in line with the Constitution of Kenya and the Children Act 2022. For Clean Start Africa, this ruling is both validating and galvanizing. Our work in rehabilitation, reintegration, and family restoration has long been rooted in the belief that incarceration should be a last resort, particularly for women who are primary caregivers. We have seen firsthand how community-based alternatives, psychosocial support, and economic empowerment transform lives far more sustainably than prison sentences ever could. This judgment strengthens the ecosystem for reform. It reinforces the legitimacy of probation, aftercare, and reintegration programs, and underscores the importance of collaboration between the judiciary, probation services, and child protection actors. Above all, it offers hope to mothers and children who might otherwise be trapped in cycles of punishment, trauma, and separation. At its core, this ruling reminds us that justice is not only about what the law permits, but about what society chooses to value. By choosing probation over prison for mothers with young children, the Kenyan High Court has chosen restoration over rupture, healing over harm, and the future over the past. It is a courageous step forward for a justice system willing to evolve.   Cedrick Alusa Head of Communication Media & Advocacy Clean Start Africa