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Woman sues AG Paul Kihara for allegedly denying her conjugal rights

A woman is suing Kenya’s Attorney General Pual Kihara for allegedly depriving her rights to visit her husband in prison for conjugal rights.

The woman argued that her husband, Erastus Odhiambo who has been detained for murder retains all his rights including conjugal rights while serving his time.

She also told the court that the government of Kenya has deprived her of the right to procreate and enjoy intimacy with her husband.

Through her lawyer, the woman told the court that she still desires to procreate and continue having children with her husband who is now serving 20 years in prison.

“The first petitioner is in her reproductive years and she desires to sire more children, continue being a woman and now seeks for conjugal visits with her spouse to meet her sexual needs,” she said.

“The first petitioner strongly believes that she is entitled to conjugal visits since her spouse retains all the rights under Article 51 of the Constitution.”

She argued that the Attorney General would be violating her basic needs as a woman if he does not provide facilities to enable her to have conjugal visits to her spouse.

Kenya’s Constitution state that where one of the spouses has, without reasonable grounds, withdrawn from the society of the other, the aggrieved party may make an application to the court for restitution of conjugal rights. And the court, on being satisfied with the truth of the statements made in such application and there being no legal ground why the application should not be granted, may order restitution of conjugal rights accordingly.

The Prisons Act has, however, remained silent on the issue urging that conjugal rights can only be enjoyed in private setups which lack in prisons.

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    Written by George Okello

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