Allow inmates to enjoy conjugal rights - committee told

Mukaro residents want those serving prison sentences allocated special private facilities where they can meet their spouses and enjoy conjugal rights.

Patrick Maina said such a provision will ensure convicts enjoy the privileges of life which plays a big role in sustaining family bonds while they are in prison.

Maina said that prisoners are entitled to certain privileges as long as they do not conflict with their rehabilitation conditions.

He was speaking in Nyeri during a one-day public consultation forum on the development of the Draft Legal and Policy Framework for Correctional Service on Monday.

“I propose that our brothers and sisters behind bars be allowed to take part in important family social gatherings such as funerals of close family members.

"It is painful for an inmate to come out of prison after many years only to be confronted by the graves of their parents,” he said.

He added:

“It would be in order if we designated special rooms within prison walls where inmates can have intimate sessions with their spouses and help retain social ties within families.” 

He told the technical committee chaired by then Permanent Presidential Commission Director, Wanjohi Kimako.

Ann Wangechi Maina called for the provision of both technical and financial support to inmates who have completed their prison terms.

This is to help them be self-sufficient and further contribute to wealth creation in the country.

She said it was unreasonable for the government to spend money training inmates on technical skills for them to be released and fall back into crime due to lack of capital to start their small enterprises.

“We have a very elaborate training programme at all our correctional facilities that equips inmates with skills that can transform their lives and those of others for the better," she said.

"Much of what is learnt in the facilities often goes to waste since the trainees rarely put their expertise into practice owing to lack of startup capital and tools of trade."

She added:

"The government should therefore set aside a kitty that can act as startup capital for inmates to start their own business once they are released.”

Mukaro location chief, Robert Kariuki, said there was a need for synergy among all stakeholders in the criminal justice system to ensure the objectives of rehabilitating the then inmates are achieved.

He said the lack of a well-coordinated mechanism in handling matters regarding suspects from the time of their arrest to prosecution could end up jeopardising the rights of innocent persons.

“There is a need for prison officers to be trained on best practices in handling convicted persons since such individuals retain their human dignity.

"It is also important for probation officers to share the details of suspects with chiefs since their input forms part of such reports," Mukaro said.

The administrator also called for reforms in the correctional facilities to help those released be reintegrated into society and not stigmatised.

The task force aims to conduct a legal audit and advise the state on the legislative framework of correctional services in line with the Constitution of Kenya.

It is also required to undertake stakeholder mapping and analysis in the criminal justice system and finally draft the National Correctional Services Policy and the Kenya Correctional Services Bill.

The committee was appointed through Gazette Notice no.5621 on  April 30, 2024, by  Interior CS Kindiki Kithure.