Three Kenyans have petitioned the High Court to establish conjugal visitation rights for prisoners in Kenya, aiming to safeguard the constitutional rights of inmates and their families. They argue that the absence of such policies leads to breakdowns in familial relationships and suggest that these rights could address emotional distress and public health issues. The petition seeks a government commitment to develop the necessary frameworks and resources for facilitating these visits.
In a bid to reform the correctional facilities in Kenya, three citizens, Peter Agoro, John Wangai, and Anthony Murimi, have filed a petition in the High Court to mandate the introduction of conjugal visitation rights for inmates. They have directed their legal action against the Ministry of Interior, the Kenya Prison Service, and the Attorney General, citing the absence of policies to recognize these rights.
The petitioners seek a court order compelling the government to create and enforce a comprehensive policy within one year that ensures conjugal visitation. They argue that this is necessary to uphold inmates’ constitutional rights and protect family structures, which face breakdowns due to lack of visitation.
According to the Kenya National Bureau of Statistics, the prison population has surged from 160,121 in 2021 to 169,579 in 2022. The petitioners claim that without a proper framework for conjugal rights, the sacred union between married inmates and their families is deteriorating, leading to infidelity and emotional distress.
The petition alleges that the denial of conjugal rights is discriminatory and undermines the emotional and psychological well-being of both prisoners and their families. They stress the critical importance of maintaining intimate relationships for family integrity and highlight the significant psychological impact on young prisoners in their reproductive years due to these restrictions.
Additionally, the petitioners contend that recognizing conjugal rights may mitigate issues related to homosexuality in prisons and contribute to prisoners’ rehabilitation. They reference a 2009 report that categorized inmates as a high-risk population for HIV, suggesting that supervised conjugal visits could address this public health concern.
The petition not only demands recognition of conjugal rights but also calls for the government to allocate sufficient resources for constructing facilities that adequately support these visits in a dignified and safe manner. The matter has been filed at the High Court in Milimani and awaits hearing and determination.
The petition filed by three Kenyans highlights the critical need for reforms in the treatment of prisoners, advocating for conjugal visitation rights as essential to maintaining family integrity and emotional well-being. Moreover, they argue that such reforms could address broader issues, including mental health and public health within prison systems. The case underlines the intersection of human rights law, family life, and health in the context of imprisonment in Kenya.
Original Source: ntvkenya.co.ke
