NAIROBI, Kenya, Feb 27 – Three petitioners have filed a petition seeking the introduction of Conjugal visitation rights to prisoners in Kenya.John Wangai, Peter Agoro and Anthony Murimi argue that denial of conjugal rights infringes on the right to family life.They sort to compel the government through the Ministry of Interior and the Prisons Department, to allow prisoners to have intimate sessions with their partners.They want the court to give an order of mandamus compelling the government to recognize conjugal visitation as an integral part of the right to family under Article 45 of the Constitution of Kenya 2010.“The right to conjugal rights is an essential part of maintaining the dignity and integrity of family life, which is protected under Article 45 of the Constitution. That there is no valid legal or constitutional justification for the denial of conjugal rights to prisoners by the respondents,” the petition reads.The Petitioners argued that 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.They contended that denial of conjugal visits to prisoners is a direct infringement of the right to family as enshrined in Article 45 of the Constitution.They added that the right to family life includes the right to maintain intimate relationships, which is integral to preserving the integrity of the family unit, adding that denying conjugal rights undermines the emotional and psychological well-being of prisoners and their families, subjecting them to unnecessary suffering.“The denial of conjugal rights to prisoners, which affects their dignity and right to family life, is a clear human rights violation that requires the Court’s immediate attention to remedy. Upholding conjugal rights to prisoners would help in solving the problem of homosexuality and would also help in molding the behavior of the prisoner,” read the petition.The petitioners want the court to declare that the failure of the government and Kenya Prisons to recognize and facilitate conjugal visitation rights for prisoners is unconstitutional, null and void ab initio.The Trio is seeking orders declaring that the failure of the government to facilitate conjugal visitation rights for prisoners violates Kenya’s obligations under international instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).They further want the court to compel the government to develop and implement a comprehensive policy and regulatory framework for conjugal visitation within 12 months.Additionally, they want the court to compel the government to allocate resources and develop appropriate facilities in all prisons to accommodate and facilitate conjugal visitation in a dignified and secure manner.“An order of Mandamus compelling the 1st and 2nd Respondents (government and Kenya prisons) to pilot conjugal visitation programs in select prisons as an interim measure while the comprehensive policy and framework are being developed,” read the petition.The Petitioners pointed out that the United States of America, States such as California, Connecticut, Mississippi, New York, and Washington allow extended family visitation programs, which permit private visits with spouses.They cited Canada which also allows Private Family Visits (PFV) for eligible inmates in line with the Corrections and Conditional Release Act of 1992, which recognizes the importance of family and social relationships in rehabilitation.On the other hand, they argued that South Africa allows conjugal visits on a case-by-case basis, particularly for long-term inmates.