National Assembly legislators are pushing for prisons to be adequately equipped to enable inmates to enjoy their conjugal rights.
The Parliamentary Constitutional Implementation Oversight Committee, led by Suba South MP Caroli Omondi, says that as it stands, Kenya lacks a proper legal framework, and prisons do not have sufficient facilities to support such rights.
The matter has sparked debate over the years, with several cases brought to court.
"We want to implement family rights, which comprise conjugal rights. For now it is difficult for prisoners to get their conjugal rights because there is no framework. Something like that needs a lot of facilities,” the MP said.
The lawmaker spoke during the committee's visit to Mtangani GK Prison and Bofa GK Prison in Kilifi County, as part of ongoing efforts to push for prison reforms aligned with international standards, as required by the Constitution.
Several cases have previously been filed in court, with petitioners challenging the violation of prisoners' rights to family, equality, and liberty.
In one such case, the Meru High Court in 2023 ruled that current prison conditions lack private facilities and that the absence of legal provisions prevents the realization of conjugal rights. Hence, there was no constitutional breach against prisoners.
Meanwhile, the legislators added that the government should facilitate the registration of prisoners for the Social Health Insurance Fund (SHIF) to enable them to access medical treatment.
Additionally, they highlighted the need for players in the justice system—including the police, the Director of Public Prosecutions (DPP), and the Judiciary—to expedite investigations and hearings to avoid remandees staying in custody for extended periods.
“There are suspects who are in remand for four years but have gone to court only twice. There is no need of having a suspect stay long in remand yet the case is not moving forward,” Mr Omondi said.
The Parliamentary Committee also called on land grabbers to surrender land belonging to the Prison Service. In Kilifi, land for Mtangani GK Prison and Bofa GK Prison has reportedly been grabbed by private developers. The committee also announced plans to allocate funds for the construction of a women's prison at Bofa GK Prison in Kilifi town.
Mr Omondi noted that prison institutions face several challenges that need to be addressed by the national government, including putting workshops into use. In Kilifi, prison workshops are non-operational due to a lack of raw materials and equipment.
As the county continues to grapple with cases of deadly cultism, Deputy Commissioner General Ms. Jane Kirii said the prisons department has put in place appropriate measures to prevent radicalisation. These include staff capacity building and de-radicalisation programs for inmates.
“We use the separation strategy and classify them. We do not mix them with the general population and still classify them according to the extent of their offences,” she said.
