Three petitioners have moved to court requesting the introduction of Conjugal Visitation Rights to prisoners in Kenya.
The petitioners John Wangai, Peter Agoro, and Antony Murimi argued that there is no legal justification for the denial of conjugal rights to prisoners, therefore breaching provisions of Article 45 of the constitution that allows the family right.
“The right to family life includes the right to maintain intimate relationships, which is integral to preserving the integrity of the family unit,” the petitioners stated.
“Conjugal rights are essential to provide the dignity, mental health and familial bonds of prisoners, which are critical to their reintegration into society upon release,” they added.
The petitioners further argued that denying prisoners conjugal visits has encouraged homosexuality, prisoners’ marriages, and the spread of HIV cases.
The petitioners now want the court to order the Ministry of Interior and the Kenya Prisons Service (KPS) to pilot conjugal visitation programs in select prisons.
They also want the respondents to not only develop a comprehensive policy and framework for conjugal visitation within 12 months but also develop appropriate facilities in all prisons to accommodate and facilitate conjugal visitation in a dignified and secure manner.
The trio further wants the policy to be created through a public participation process.
