Conjugal rights introduced in Kenya's prisons

By Ferdinand Mwongela

When Vice-President and Minister for Home Affairs Kalonzo Musyoka appointed a committee to look into the conditions of prisons, and the prisons systems as a whole in 2008, the move was met with predicable scepticism.

But the committee findings, exclusively seen by The Standard, propose radical changes that could transform the face of correctional facilities forever.

The proposed changes are many, but the most spectacular is the introduction of conjugal rights penal institutions.

Sources within the Home Affairs Ministry said this could be implemented as early as next week, as part of the campaign to combat the transmission of HIV and other sexually transmitted diseases in prisons, especially due to the prevalence of same sex-relations in prisons.

The sense of urgency is also spurred by the current lack of free condoms.

"The particulars are being ironed out, but it is as good as done," said the source, who declined because he is not authorised to speak to the Press.

This comes barely days after Home Affairs Permanent Secretary Ludweki Chweya announced prisoners would, for the first time, be provided with shoes.

Speaking at the launch of the Status of Human Rights and Penal Institutions, organised by the Kenya National Human Rights Commission, the PS said this was part of penal reforms.

"We are going to revive our shoemaking facility at Athi River for the purpose," Dr Chweya said.

This, is in addition to other reforms that have been seen inmates’ families allowed to visit during Prison Open Days, are gradually transforming prisons into family-friendly institutions.

The latest news will be the crowning glory for inmates, nearly 7,000 of whom were paroled by President Kibaki this week.

Prison Open Day: Inmates with their spouses during a visit. The introduction of conjugal rights is expected to solidify reforms in penal institutions. [PHOTO: ANTONY GITONGA/STANDARD]

The pardon saw the President sign an order for the release 3,050 petty offenders, 2,828 first-time offenders and 1,064 ordinary prisoners of good conduct.

The introduction of conjugal rights is expected to move the reforms a notch higher and push the standards of the country’s prisons among the best in the world.

"We hope this will reduce incidences of same sex relations, which is blamed for the runaway HIV infections," said the prisons official.

The official, however, could not confirm whether conjugal visits would only be restricted to married prisoners, or would be available to all on request.

The latter scenario would be problematic, not to mention introducing security risks not envisioned at this stage.

Condom Shortage

The issue of same sex relations both within and without prison walls is controversial.

Recently, the Minister for Special Programmes Esther Murugi found herself on the receiving end after civil rights activists termed her comments calling for the incarceration of homosexuals as insensitive and retrogressive.

Although Murugi subsequently modified her comments, she did not withdraw altogether. She claimed her comments were taken out of context.

The recommendations by the Prisons committee comes at a critical time, when the country is beset with condoms shortage that is feared could reverse the gains made in the fight against HIV and Aids.

"Prison inmates are no lesser persons and deserve access to dignified lives, access to decent accommodation, rehabilitation, education, rehabilitation, education, skills, spiritual and physical nourishment to prepare them for re-integration in society," the Vice-President is quoted as saying on the issue of prisons reforms.

Conjugal right in prisons will probably be one of the most radical reforms since the start of implementation of the High Level Report on Prisons Reform, better known as the Madoka report in 2008.