Thursday, February 27, 2025 - Three Nairobi-based human rights activists have moved to court, challenging the Kenyan Government’s policy on denying prisoners conjugal visits.
The petition, filed at the Milimani High Court, seeks to
compel the Ministry of Interior and the Prisons Service Department to
allow inmates to spend time with their partners, arguing that the restriction
is unconstitutional.
The petitioners, John Wangai, Peter Agoro, and Anthony
Murimi, claim the policy violates Article 45 of the Kenyan Constitution,
which guarantees the right to family.
They argue that international human rights law and customary
law recognize the importance of conjugal relations in maintaining family
bonds.
The petitioners argue that denying prisoners this right
results in emotional distress, family disintegration, and increased
infidelity.
They further argue that the lack of conjugal rights within
prisons contributes to the rise of homosexuality, leading
to higher rates of HIV transmission.
Additionally, they state that the denial of conjugal
visits is discriminatory, violating Article 27, which guarantees equality
before the law.
They want the court to declare the denial of conjugal rights
unconstitutional and order the Government to create a clear policy for conjugal
visits within 12 months.
In 2023, then Permanent Secretary for Correctional
Services, Mary Muthoni, opposed conjugal visits for inmates, citing concerns
over pregnancies in female prisons.
The lawsuit has reignited debate on whether inmates
should have the right to intimacy while serving their sentences.
The Kenyan DAILY POST
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