Three petitioners, John Wangai, Peter Agoro, and Antony Murimi, have taken their fight for prisoners’ conjugal rights to court, arguing that denying inmates this fundamental right lacks legal justification.
They claim the current policy violates Article 45 of the Constitution, which guarantees the right to family life.
In their court filings, the petitioners emphasize that maintaining intimate relationships is crucial for preserving family bonds.
“The right to family life includes the right to maintain intimate relationships, which is integral to preserving the integrity of the family unit,” the documents state.
They further argue that conjugal rights are essential for prisoners’ dignity, mental health, and smooth reintegration into society after release.
Calls for Policy Reform
The lawsuit names the Ministry of Interior and the Kenya Prisons Service (KPS) as the first and second respondents, demanding they initiate a pilot conjugal visitation program in select prisons. The Attorney General is also listed as the third respondent.
The petitioners claim that the lack of conjugal visits has led to increased cases of homosexuality, inmate marriages, and the spread of HIV in prisons. They cite a 2009 report by the National AIDS Control Council, UNAIDS, and the World Bank, which found that inmates accounted for 15% of new HIV infections in Kenya. They believe this number has risen due to the expanding prison population.
To address these concerns, they want the court to compel the respondents to develop an interim measure within 12 months as part of a broader policy framework. They are also pushing for the government to allocate resources and establish proper facilities in all prisons, ensuring conjugal visits take place in a safe and dignified manner.
Additionally, they insist that any policy should be developed through public participation, allowing input from key stakeholders.
The petitioners urge Kenya to adopt international best practices, citing countries like South Africa, Brazil, and Canada, where prisoners exercise conjugal rights under specific conditions that balance security concerns with human rights.
