Conjugal rights, poor facilities flagged in Kilifi prison visits

The National Assembly’s Constitutional Implementation Oversight Committee (CIOC), chaired by Caroli Omondi, has begun a series of inspection tours of prisons in Kilifi County to assess conditions and push for reforms aimed at restoring dignity in correctional facilities.

On Tuesday, the lawmakers visited Malindi Main Prison, Malindi Women’s Prison, and Kilifi Prison, where they held discussions with officers and inmates on the pressing challenges facing the penal system.

Prison officers raised concerns about dilapidated infrastructure, the absence of computers for virtual court sessions, and reliance on manual record-keeping.

They also highlighted severe shortages of uniforms, poor working conditions caused by the harsh coastal climate, and the lack of security technology such as CCTV cameras and signal jammers.

The Committee noted that most facilities remain rundown, with few classrooms, no libraries, and no counseling rooms. Malindi Women’s Prison stood out for lacking a perimeter wall, lactation spaces, and educational facilities for children of inmates.

On rehabilitation, officers reported that vocational programs remain ineffective since inmates only receive theoretical lessons without materials or equipment for practical training, limiting their ability to reintegrate after serving sentences.

Lawmakers were also informed of limited access to healthcare and legal support for prisoners, budget cuts affecting both welfare and officer allowances, and the rise of sexual and cybercrime cases without corresponding officer training. The Committee further flagged the lack of digitization and secure electronic record systems.

Unused prison land was also identified as a missed opportunity for food production and income generation. The lawmakers called for titling of prison land to curb encroachment and urged collaborations with county governments, private sector players, and TVET institutions to boost rehabilitation and employment prospects for inmates.

A key issue raised was the absence of conjugal rights in Kenyan prisons. Officers told the legislators that there is no legal or infrastructural framework to facilitate private visits, raising concerns over inmates’ sexual health, mental well-being, and the constitutional right to family life. A petition before court in 2025 seeks to formally recognize conjugal rights.

“Inmates are human beings with rights under our Constitution,” said Caroli Omondi. “Denying them conjugal visits and basic medical services contributes to the spread of HIV/AIDS, increased violence, and mental health challenges in our prisons.”

The Committee pledged to pursue legislation that prioritizes rehabilitation and reintegration, backed by greater funding for infrastructure and officers’ welfare. They also proposed strengthening digital systems to improve accountability in prison management.

In addition, the lawmakers committed to advancing community-based sentencing options such as Community Service Orders (CSOs) to ease congestion in prisons and to push for prisons to be treated as learning institutions eligible for government capitation.

At the end of its nationwide inspection visits, the CIOC is expected to table proposals in Parliament outlining a reform agenda aimed at creating a humane, secure, and rehabilitation-focused correctional system.