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
Kenya's national team Jasiri shines in Tong-Il Moo-Do tourney in Mombasa
Coach Mchumba says hosting international events will improve standards of the sport in the country.
Gor and Tusker move joint top as fan trouble rears its ugly head
Naibois and K’Ogalo fans clash in their match at Dandora Stadium.
Hosts Morocco thrash Comoros 2-0 in AFCON 2025 opening game
Goals from Brahim Diaz and Ayoub El Kaabi were enough to see hosts Morocco begin their AFCON 2025 campaign on home soil with a 2-0 win over Comoros.
AFC Leopards Toronto win silver at Pamoja Tournament in Canada
As Canada prepares to host the 2026 FIFA World Cup in Toronto and Vancouver, there has been a growing interest in football across the country.
Daring Munyua out to write another history in UK
Kenya’s top-seeded darter upset Belgian Mike de Decker 3-2. He warns opponents at PDC World Championships to be ready for a tough duel.
.
RECOMMENDED NEWS