Petitioners Demand Conjugal Visitation Policy in Kenyan Prisons

A legal challenge filed in the High Court of Kenya is seeking to mandate conjugal visitation rights for prisoners, potentially reshaping the country's penal system.

The petition, brought forth by Peter Agoro, John Wangai, and Anthony Murimi, targets the Ministry of Interior and Coordination of National Government, the Kenya Prison Service, and the Attorney General. The core of the petitioners' argument rests on the assertion that the absence of a policy framework for conjugal visits violates prisoners’ constitutional right to family life. They contend that this denial leads to marital breakdowns, infidelity, and significant emotional distress for both inmates and their partners.

The legal action calls for the court to compel the relevant government bodies to develop and implement a comprehensive policy and regulatory framework for conjugal visitations within the next year. They also request the implementation of a pilot program in select prisons, while a comprehensive policy is being developed. They demand that the government allocate financial resources and develop appropriate facilities to accommodate and facilitate conjugal visitation in a dignified and secure manner.

The petition cites a report by the Kenya National Bureau of Statistics, indicating a growing prison population, which increased from 160,121 in 2021 to 169,579 in 2022. The petitioners state that international human rights law and customary law, recognize the importance of conjugal rights in family life. By preventing prisoners from maintaining romantic relationships is discriminatory and undermines the emotional and psychological well-being of both inmates and their families.

Beyond the emotional impact, the petitioners argue that the introduction of conjugal visits could address issues such as homosexuality within prisons and help reform inmate behavior. They cite a 2009 report by the National Aids Control Council, UNAids, and the World Bank, noting that prisoners represent a high-risk population, accounting for 15 percent of new HIV infections in Kenya. Implementing private conjugal visits, they argue, could mitigate the high prevalence of HIV/AIDS among inmates.

The case, filed at the High Court in Milimani, is awaiting a hearing and determination. A favorable ruling could establish a significant precedent for prisoner rights in Kenya and potentially influence correctional policies internationally.