Siaya family accuses prison officials of negligence as kin allegedly denied food, medication

A family from Kisumu is now accusing prison officers at the Siaya Maximum Prison of negligence after the health of their kin deteriorated while in custody.

57-year-old Caleb Ochola Nyainda was in December admitted at the Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) where he was due for spinal surgery.

Nyainda was however discharged on January 9, 2025 due to lack of funds to foot the medical bill.

“Surgery yake ni serious na inahitaji Ksh.400,000 kuendelea, sasa nikawauliza ni lazima tupate pesa ndio atolewe ama mnaweza mregesha ndio tuone vile itakuwa…juu kama familia ata tulishamweka kwa SHA wakasema hizo mambo za SHA hawajui tutafute pesa,” said Florence Nyainda.

According to Chapter 4 Section 51 of the Constitution of Kenya, any detained persons retain the rights and fundamental freedoms contained in the Bill of Rights, except the ones incompatible with the detainment.

Section 39 of the Prisons Act also prescribes that any prisoners detained in a place with unsuitable accommodation should be moved to a hospital.

The family says Nyainda, who is paralysed from the waist down, is languishing at the Siaya GK Prison.

They claim that he has been subjected to inhumane conditions in jail, where he allegedly often goes without food or medication.

When reached for comment, Nyanza Regional Prisons Commander Patrick Nyaali revealed that they have launched a probe into the allegations of negligence inside the facility, and that all those who are culpable will be dealt with according to the law.