Forced Shaving of Minor in Kenyan Prison Condemned as 'Psychological Torture

A recent incident involving the forced shaving of a 16-year-old in police custody has reignited debate over grooming policies within Kenya's correctional system and their potential conflict with human rights.

Eldoret Principal Magistrate Caroline Watimah condemns the action as psychological torture after a minor was forcibly shaved prior to a court appearance on March 19, a move supported by human rights lawyer Elijah Ayieko, who decried forced shaving as a violation of personal autonomy.
The incident underscores a broader tension surrounding the Prisons Act (Cap 90 of the Laws of Kenya), which grants the Commissioner-General of Prisons authority to regulate inmate grooming for hygiene and discipline.

The law mandates short haircuts for convicted prisoners serving sentences exceeding one month, with facial hair trimmed to maintain a "clean and decent appearance." Exceptions are made for female prisoners, those awaiting trial or appealing convictions, and Sikh prisoners due to religious or health considerations. Inmates are also permitted to grow their hair during their final month of incarceration, provided hygiene standards are maintained.

While the regulations don't explicitly mandate shaving, prison authorities interpret them as empowering the enforcement of grooming standards to ensure cleanliness, security, and order within often overcrowded facilities. Proponents argue that short haircuts mitigate hygiene risks, such as lice and skin infections, and bolster security by preventing the concealment of contraband and aiding in inmate identification, thereby deterring escape attempts.

Standardized appearances are also seen as a means of reinforcing discipline and institutional control. Critics, however, argue that these policies can infringe upon inmates' dignity and human rights, particularly when haircuts are enforced without consent.