In many prisons and jails in Kenya, the majority of inmates are shaved for various reasons. This is governed by the Prisons Act (Cap 90 of the Laws of Kenya), which grants the Commissioner-General of Prisons the authority to enforce hygiene and discipline standards.
According to Kenyan law, all convicted prisoners sentenced to more than one month in prison must have their hair cut short and facial hair trimmed to maintain a clean and decent appearance.
However, female prisoners, prisoners awaiting trial or appeal, and Sikh prisoners—who are subject to different regulations based on health, personal preference, or religious beliefs—are exempt.
Kenyan law also states that prisoners may be allowed to grow their hair during their last month of imprisonment, provided it does not compromise cleanliness.
"All convicted criminal prisoners sentenced to imprisonment for any period exceeding one month shall have their hair cut short and their beards, whiskers, and moustaches if worn, trimmed close. Those who wear no hair on their faces, or a moustache only, shall be shaved as often as may be necessary to preserve a clean and decent appearance."
"The hair of female prisoners shall not be cut on admission or afterwards unless the medical officer considers it necessary for health and cleanliness, or the prisoner expresses a desire to have her hair cut," part of the Kenyan law reads.
The law does not explicitly state that inmates must be shaved, but it allows prison authorities to establish grooming policies necessary for maintaining cleanliness and security.
Kenyan prisons primarily enforce shaving for hygiene, safety, and discipline. However, human rights laws emphasise that such regulations should be enforced with dignity and respect for prisoners' basic rights.
Since most prisons are highly populated, personal hygiene can be difficult to maintain. Keeping hair short helps prevent the spread of lice, fleas, and other parasites that may thrive in overcrowded conditions.
Shaving also reduces the risk of skin infections, which can easily spread in places with limited access to proper sanitation and healthcare. Additionally, it serves a security purpose, as long hair can be used to hide prohibited objects such as weapons, drugs, or even small communication devices.
By keeping inmates' hair short, prison officials can easily identify them, thereby reducing the likelihood of escape attempts.
Another reason for haircuts is discipline and control. Prisons operate under strict rules, and requiring inmates to maintain a standard appearance reinforces institutional order. It may also be used as a form of punishment.
On Tuesday, March 19, Eldoret Principal Magistrate Caroline Watimah warned the police against shaving suspects without their consent, stating that it is an abuse of human rights.
She made this statement after a 16-year-old minor was shaved while in custody without his consent before appearing in court.
"Shaving a suspect in police custody without their consent amounts to psychological torture. He is already traumatised as a minor, and as we speak to him now, he is scared. This is not right," the magistrate remarked.
Eldoret-based human rights lawyer Elijah Ayieko supported the magistrate’s statement, saying that shaving without consent is a violation of human rights.
"Every individual has a right to choose what they want, and if you force your choice on someone, then that is a human rights violation," said Ayieko.
