Peter Agoro, John Wangai and Anthony Murimi have filed a petition at the Milimani High Court against the Interior Ministry, Kenya Police Service and the Attorney General.

The petition seeks to compel the mentioned parties to recognize and facilitate conjugal visitation rights for the over 160,000 prisoners that are behind bars in the country, through the court. They want the court to determine the matter within 12 months.

The petitioners argue that denying prisoners to engage in intimate relations subjects them to discrimination. They further state that the denial of the crucial right not only cause the prisoners suffering but their families as well.

“The unconstitutional and illegal denial of conjugal rights to prisoners has led to severe emotional and psychological consequences on both the prisoners and their family members,” the petition reads in part.

The petitioners say lack of a proper policies to oversee conjugal visits in prison is affecting married prisoners and their families. According to them, these marriages are at risk of encountering infidelity and are even breaking.

“The denial of conjugal rights to Kenyan prisoners by the Ministry of Interior and the Kenya Prison Service, which is a fundamental aspect of the right to family life is a violation of the constitution, international human rights law and customary law that acknowledges the importance of conjugal rights in family life,” the petition further reads.

The petition goes on to state that homosexuality will be solved if conjugal rights for prisoners are upheld. It adds that the move will also mould the behavior of prisoners.

The petitioners are also seeking the court’s intervention to ensure that the government allocates finances and develop appropriate structures in prisons that will facilitate conjugal visitation rights in a dignified and secure manner.