August, 2026
Some cases stay with you long after the court file is closed. The story of Makena and her daughter, Lucy, is one of those cases.
Makena and Lucy were not hardened criminals. They were a mother and daughter trying to make a living through their small kibanda business. Like many families struggling to survive, their livelihood was their only source of income and the foundation of their daily lives.
A dispute arose over the business, and what began as a disagreement escalated into allegations of assault. The complainant alleged that the two had assaulted him, leading to their arrest and arraignment in court. When they appeared before the court, bail was set at KShs. 30,000 each. For many families, that amount may seem manageable.
For Makena and Lucy, it was an impossible burden. Unable to raise KShs. 60,000 between them, they found themselves remanded in prison. The image was heartbreaking. A mother and her daughter sitting behind prison walls together because of a neighborhood dispute. Two women whose lives revolved around family and survival suddenly stripped of their freedom. The thought of them spending days, weeks, or even months in custody over a matter that had arisen from a business disagreement felt deeply unjust.
When when they came to Justice Nest offices, they did not have fear ot anger but were filled with concern for the family they had left behind. They worried about their home, their livelihood, and the loved ones who depended on them. Prison was not only taking away their freedom; it was threatening the fragile stability they had worked so hard to build. Believing that the bail terms were excessive given their circumstances, I filed a bail review application on their behalf. The court listened. After considering the application, the court reduced their bail from KShs. 30,000 each to KShs. 10,000 each.
For Makena and Lucy, that decision changed everything. With the reduced amount, they were able to raise the money, secure their release, and return home to their family and community while awaiting the determination of their case. The moment they walked out of prison was emotional. Seeing a mother and daughter regain their freedom together was a powerful reminder of why access to justice matters. It was a reminder that behind every case file are real people, real families, and real lives that can be profoundly affected by decisions made in courtrooms.
Asha Saidi-Legal Aid Advocate