Woman moves to Nairobi court seeking conjugal rights from convicted husband

Woman moves to Nairobi court seeking conjugal rights from convicted husband

  • The woman identified only as Ogembo argues that her husband should not be denied the right to intimacy and procreation simply because he is behind bars.
  • Her husband, Erastus Odhiambo, is currently serving a 20-year sentence for murder.

A woman has filed a petition in court seeking to be allowed to offer conjugal visits to her incarcerated husband.

The woman, who is suing Attorney General Paul Kihara, argues that her husband, Erastus Odhiambo, currently serving a 20-year sentence for murder, should not be denied the right to intimacy and procreation simply because he is behind bars. Odhiambo was arrested in 2018 after he shot and killed his second wife lawyer Linda Wanjiku, a mother of one, in Buru Buru in Nairobi.

In an affidavit, Ogembo through her lawyer argues that she has sexual needs that need to be met and that she intends to sire more children with her husband; as such she should not be barred from getting intimate with him despite his current predicament.

Ogembo similarly added that the decision not to set aside quarters for conjugal visits at the correctional facility holding her husband is going against her rights as a woman.

“The first petitioner has read and understood the content and substance in the Persons Deprived of Liberty Act 2014 and strongly believes that she is entitled to conjugal visits since her spouse retains all the rights under article 51 of the constitution,” Ogembo’s lawyer said.

“Failure by the respondent to accord, provide facilities to enable the first petitioner access such visits elucidated above amounts to a violation of her most basic need as a woman.”

Ogendo now wants her spouse to be issued with a non-custodial sentence owing to the fact that the government has failed to provide conjugal rights facilities for prisoners and a way forward on how convicted felons can take care of their children while incarcerated.

The case will presumably set a precedent on prisoners’ rights to receive conjugal visits especially since the Marriage Act remains vague on the matter when it comes to convicted felons. 

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