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
Leverkusen coach questions legality of Arsenal's set-piece tactics
Bayer Leverkusen coach Kasper Hjulmand questioned whether Champions League opponent Arsenal's set-piece tactics are legal ahead of Wednesday's last-16 first-leg tie in Germany.
Iraq coach calls for World Cup playoff to be re-scheduled
Iraq coach Graham Arnold has pleaded with FIFA to postpone his team's intercontinental playoff for the World Cup because many of his players and backroom staff are stranded
Scholes makes peace with Carrick after jibe at former Man United team-mate
Paul Scholes claims he did not mean to offend former Manchester United team-mate Michael Carrick after taking a swipe at the Old Trafford interim boss on social media.
Manchester City to face Liverpool in FA Cup quarter-finals
Manchester City will face Liverpool in a blockbuster FA Cup quarter-final, while quadruple-chasing Arsenal travel to Southampton.
Evans will need luck as he seeks to defend Safari Rally title
Safari Rally defending champion Elfyn Evans has said that he will need a little bit of luck to successfully guard his Kenyan title in the third leg of the 2026 World Rally Championship.
.
RECOMMENDED NEWS