Prisoners can attend funerals of close relatives

Inmates at the Shimo La tewa Prison in Mombasa County. [File, Standard]

Prisoners and detainees have the right to attend the funerals of close family members, the High Court has ruled.

Justice Lawrence Mugambi said they have a right to be treated humanely, but warned that there were circumstances that could lead to the application being denied.

"A declaration be and is hereby issued that all sentenced prisoners and pretrial detainees held in custody have the right to be treated humanely which right includes permitting them to attend funeral and burials of their close family member unless there are compelling reasons for declining granting of permission," Mugambi ruled.

The ruling came from a petition filed by ex-journalist Moses Dola Otieno, who was charged with the murder of his wife, Wambui Kabiru.

Judge Mugambi ordered Interior CS Kithure Kindiki to put in place mechanisms and structures to allow for the temporary release of prisoners.

Attorney General Justin Muturi and CS Kindiki opposed the petition, arguing that the prison was small and allowing it would only overburden it.

The judge said the right was not absolute and the authorities had to take certain considerations into account before granting the request.

These include whether there is a budget to facilitate the prisoner, the presence of the prisoner's victims and the safety of the public.

Share this story
It's a strong field in the Nairobi City Marathon's history
Kenyan trio of Jonathan Korir, John Langat, and Simon Kipkosgei are among the top athletes who will storm the capital city’s streets for the fifth edition of the Nairobi City Marathon.
Thousands line streets to celebrate Villa's Europa triumph
Aston Villa fans turned out in their thousands on Thursday to celebrate the English side's Europa League final triumph -- their first silverware in 30 years.
Veteran goalkeeper Neuer recalled to aid Germany World Cup bid
Veteran goalkeeper Manuel Neuer was handed a surprise recall to Germany's 26-man World Cup squad, coming out of international retirement to play in the tournament for a fifth time.
Emery urges Villa to use Europa triumph to fuel bold new era
Unai Emery urged Aston Villa to use their historic Europa League final triumph against Freiburg as the foundation for an "ambitious" new era.
DR Congo cancel World Cup training in Kinshasa amid Ebola outbreak
The Democratic Republic of Congo team have cancelled a planned pre-World Cup training camp at home after the country was hit by an Ebola outbreak
.
RECOMMENDED NEWS