Murder convict sues State for fish, margarine in his daily special diet

A murder convict has moved to court in a battle over food rations provided by the government.

The convict, codename POO, owing to his health status, argues that the rations provided by law do not cater to the sickly and elderly in prisons, who require a special diet.

The man told High Court Judge Lawrence Mugambi that he is living with HIV.

He has sued the Attorney General, the Commissioner General of Prisons, and officer in charge of Kamiti Medium Prison, and the medical officer in charge of the same prison facility.

POO argued that an inmate retains rights, including health. He said although those jailed are denied freedom to move freely, they have a right not to be in a cruel, inhuman or degrading environment.

He narrated that doctors at Kenyatta National Hospital found that his body lacked vitamins, which was confirmed by Kiambu Level 4 hospital and the prison’s medics. “At KNH in the Diet Advisory Clinic, the nutritionist recommended the petitioner to boost his failing immune system in a bid to hamper further development of the eye floaters,” said POO.

The convict said the KNH’s nutritionist gave him a list of food he should eat, however, the prison authority has declined to offer him that diet for the last eight months. The Prisons Act Subsidiary Legislation, the first schedule, states that prisoners are entitled to 570 grams of maize or other cereal daily.

At the same time, each is entitled to 20 grams of soya flour for seven days. It also dictates that they eat at least 225 grams of beans for four days and 230 grams of green grams (ndengu).

Further, prisoners are supposed to eat at least 200 grams of fresh meat at least three days a week and half a litre of milk. They also have 20 grams of sugar, 16 grams of vegetable oil, 120 grams of green leafy vegetables and carrots (90) grams.

It also gives them Irish potatoes (115 grams) for three days and 30 grams of spring onions. The schedule has capsicum (30 grams), tomatoes (30 grams) and 15 grams lemons.

There are also prisoners under an escort diet. They are entitled to 125 grams of biscuits and 120 grams of tinned grams. POO now says the law should also add fish as a meal. He says it should be inscribed in law as a diet from Monday, all through Sunday.

“Ironically, safe from fish which is recommended to bolster the immune system of the petitioner and which is not factored in the scale, almost every other food item therein recommended in the letter from KNH is depicted as part of a prisoner’s diet from Monday all through to Sunday. The bone of contention as decries the respondents is that to their understanding, fish is not a meat item. However, an argument from the prerequisites of nutrition one will easily understand that fish is a type of food that falls in the meat category,” he argues.

The Prison Act and its subsidiary legislation were operationalised in 1963, a year Kenya attained its independence. According to him, it provided for an ordinary diet, which did not consider a prisoner’s health. POO says he is willing to lobby his kin for financial assistance to enable him get the meal through the welfare office.

He, however, expresses disappointment that even in the canteen, he cannot get all that the nutritionist prescribed.

“On a positive note, there is indeed a prison’s canteen where some of the food items as recommended by the nutritionist from KNH are sold, but the canteen doesn’t stock for example carrots, eggs, grapes and paw paws, nor does it stock fish and margarine, the two major food items that were recommended by the nutritionist in KNH to bolster the petitioner’s frail immune system which has been compromised by insufficient supply of vitamins by the prison diet and which, had it been available, the petitioner’s eyes malady together with the associated opportunistic infections would not have creeped his body,” he states.

He claims the idea of fish and margarine allocation has rubbed prison authorities the wrong way. For them, he states, the two food items are way too prestigious and precious for him to enjoy or access.

POO ought to be released from prison on September 23, 2032. He was convicted for killing his lover in 2015. He assaulted her and strangled her using an iron box cord. The case will be mentioned on January 30, 2025.