The disturbing plight of a man suffering from three serious health conditions HIV, tuberculosis, and schizophrenia raises urgent questions about how Kenya’s criminal justice and health systems treat vulnerable individuals. The case highlights the devastating impact of systemic neglect in the country’s prisons, where inmates with complex medical needs are often deprived of proper care, medicine, and basic dignity.
Samuel Lesiyampe (name changed) is a 39-year-old mentally ill man living with HIV and TB. He was arrested and charged with “causing a disturbance” in 2024. After being released on a Sh20,000 cash bail, he faithfully attended three court mentions. However, each time, proceedings were delayed because police failed to produce his case file. Confused and deteriorating in health, Samuel eventually missed his fourth court appearance.
Police, acting on a fresh warrant, dragged him from his bed and returned him to custody at Nairobi Remand Prison. His sister had tried to explain during the initial arrest that Samuel was mentally ill and required medical care, not incarceration but no one listened.
An official medical report confirmed that Samuel is HIV-positive, undergoing treatment for pulmonary TB, and has schizophrenia. These conditions require consistent medication, nutritional support, and a multidisciplinary treatment approach, none of which are guaranteed in a prison environment.
Samuel’s sister was devastated to learn that her own uncle, the complainant in the case, had ordered the arrest and then cut off contact. Despite being aware of Samuel’s health condition, the uncle insisted on pressing charges. The charge “creating a disturbance in a manner likely to cause a breach of peace” was officially filed on February 7, 2024, under Section 95(1)(b) of the Penal Code.
When the case was finally heard in April 2025 at Ngong Law Courts, it was number 17 on a jam-packed cause list. Samuel had by then spent nine months in detention. His sister, sitting tensely in the courtroom, could only hope for justice and compassion.
The clinical officer attending to Samuel informed the court that, due to the complex interplay of his conditions, the patient required careful, coordinated care. The situation was further strained by ongoing doctors’ strikes at public hospitals, limiting access to specialists. Still, the recommendation was clear: Samuel should not be in prison.
The magistrate eventually dismissed the case under Section 87(a) of the Criminal Procedure Code, discharging Samuel since the complainant had relocated to South Africa and lost interest in the matter.
Legal experts point out that the law provides for a mental fitness assessment before trial, but in practice, it’s usually reserved for capital offences like murder. Moreover, the police violated the Constitution by detaining Samuel for more than 24 hours without taking him to court an infringement of Article 49 of the 2010 Constitution. Given the minor nature of the offence, punishable by a maximum of six months’ imprisonment, Samuel should never have been remanded.
The case underscores the urgent need for reform. Kenya’s prisons are unfit for people with serious health conditions. For individuals like Samuel, incarceration can be a death sentence. The situation demands immediate action to ensure that the justice system treats people with mental and physical illnesses with care, not cruelty. It also calls for investment in health support within the criminal justice system to prevent future tragedies.
