Nairobi, February 27- Three human rights activists from Nairobi have taken legal action against the Kenyan government, contesting its policy that prohibits prisoners from having conjugal visits with their spouses.
The activists, John Wangai, Peter Agoro, and Anthony Murimi, have filed a petition at the Milimani High Court, urging the government—through the Ministry of Interior and the Prisons Service Department—to allow inmates to maintain intimate relationships with their partners.
The petitioners argue that denying prisoners conjugal rights directly violates Article 45 of the Kenyan Constitution, which guarantees the right to family. They emphasise that restricting intimate interactions disrupts family bonds and subjects inmates to emotional and psychological distress.
Furthermore, they contend that the policy contravenes international human rights standards, which recognize conjugal visits as an essential component of preserving family unity. The activists claim that this deprivation negatively impacts both inmates and their spouses, leading to strained relationships, marital breakdowns, and infidelity.
According to the petitioners, denying prisoners conjugal visits is a form of discrimination, as individuals outside the prison system enjoy this right. They argue that this disparity contradicts Article 27 of the Constitution, which guarantees equality before the law and equal protection under it.
Additionally, they invoke Article 28, asserting that dignity includes maintaining personal relationships, including intimate bonds between spouses. They argue that the lack of conjugal visits deprives inmates of this dignity and contributes to family disintegration.
The activists also raise concerns that the policy has unintended consequences, including the prevalence of same-sex relations in male prisons, which they claim has led to a rise in HIV transmission. They argue that this issue could be mitigated if prisoners were allowed to maintain intimate relationships with their spouses.
Demands and Legal Remedies Sought
The petitioners are asking the court to declare the government’s failure to allow conjugal visits unconstitutional. They are seeking a mandamus order compelling the state to:
- Recognize conjugal visitation as a fundamental right under Article 45.
- Develop and implement a legal framework for conjugal visitation within 12 months.
- Introduce a pilot program in select prisons as an interim measure.
The case now awaits a court ruling, which could set a significant precedent in prisoners’ rights and family law in Kenya.
