- Human rights activists have accused the Kenyan government of depriving prisoners
- The activists claimed that the policy causes emotional and psychological effects on prisoners and causes families to break down and increase homosexuality in prisons
- They ask court orders to be issued and force the government to implement a policy that allows couples' visits to prison as part of a family justice under the constitution
Three Nairobi human rights activists have filed a lawsuit against the Kenyan government, protesting its law of depriving prisoners of the right to be visited by couples and enjoying the act of marriage.
Source: UGC
The request was filed in the High Court of Mountains, complainants calling for the government to be pressured through the Ministry of Interior and the Prison Department to allow prisoners to have sessions to enjoy the act of marriage with their partners.
They also complain that the policy is in line with the international law on human rights and totalitarian law, which recognizes the importance of marital relations in maintaining a family relationship.
The complainants claimed that the barrier policy had put prisoners on severe emotional and psychological distress by preventing them from maintaining a close relationship with their loved ones.
They said that the deprivation disrupts the family unity and weakens the integrity of the family unit.
“The deprivation of illegal marriage rights and illegally for 1 and second prisoners has led to serious emotional and psychological effects on prisoners and their family members … The right to family life includes the right to maintain a close relationship, which is essential in preserving the integrity of the family unit,” the request was partially read.
Suspicions of discrimination and violations of prisoners' rights
The activists further explained that refusing to visit prisoners is discriminatory, as this right is available to people outside the prison system.
They held that this difference violates section 27 of the Constitution, which ensures equality before the law and the same protection under the law.
They also mentioned Article 28, stating that human rights include preserving personal relationships, including marriage bonds.
Wangai, Adoro, and Murimi argued that the policy aside from violation of personality also contributes to the breakup of the marriage and the disintegration of the family.
They claimed that the inability of prisoners to maintain close relationships with their partners causes marriage failure, family breakdown and high levels of fornication, thereby undermining the constitutional protection of the family under Article 45.
Claims of social impacts and health issues
Applicants raised further concerns that deprivation of marriage rights contributes to the spread of homosexuality within men's prisons, leading to an increase in the rapid HIV prevalence.
“That the results of the actions of respondents of 1 and 2 unconstitutional have been the spread of homosexuality in men's prisons, which also led to an increase in the spread of HIV.
That as a result of the evil acts of respondents of 1 and 2, prisoners' marriages are the holy coalition-ends up collapsed as the partners leave marriage due to sexual hunger, causing many cases of infidelity, “they said.
What orders did the complainants ask the court to give?
The complainants asked the court to recognize that the government's failure to exercise the rights of prisoners to obtain the right to marriage is illegal and futile.
Another request was a directive to force the government to recognize that the right to marriage as an integral part of the family's rights under section 45 of the Kenyan Constitution 2010.
Source: Getty Images
The complainants also asked the court to issue an order to force the government to prepare and implement a full -time -consuming policy and system within 12 months.
As an emergency, the activists asked the court to force the government to conduct couples to visit prisoners in certain prisons as a temporary step.
The Secretary -General says marriage rights are not a priority for prisoners
In 2023, Mary Muthoni, who was then the Secretary -General of Rehabilitation Services, called on women in prison to focus more on their children at home rather than wanting to have a close relationship with their husbands.
He concerned that allowing marriage visits could cause prisoners to become pregnant, which would make it difficult to raise children in prison.
Speaking at the Tewa Pit Prison, Muthoni suggested that imprisoned mothers should prioritize their children's needs at home rather than maintain a close relationship.
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Source: TUKO.co.ke
