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
Boost for Prinsloo ahead of new National 7s circuit season
Tusker has announced a Sh1.5 million sponsorship for the 2026 Prinsloo Sevens, reaffirming its commitment to the growth of Kenyan rugby.
Nakuru RFC renew sponsorship
Former Kenya Cup champions Nakuru RFC have renewed their Sh3 million sponsorship with Smart Applications International.
Diamond League comes down to a chase for points
The battle for qualification to run in the Diamond League final in Brussels in September is gaining momentum as stars converge in London for the tenth meet of the circuit on Saturday.
France, England prepare for gloomy World Cup send-off
France and England will bid a gloomy farewell to the World Cup on Saturday when they face each other in the dreaded third-place play-off in Miami.
Team Kenya steps up Glasgow 2026 Commonwealth Games preparations
The Commonwealth Games Association of Kenya (CGA) has intensified preparations for the Glasgow 2026 Commonwealth Games.
.
RECOMMENDED NEWS