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
Appollis penalty sends South Africa past Zimbabwe and into AFCON last-16
Oswin Appollis converted a late penalty to give South Africa a 3-2 Africa Cup of Nations victory over Zimbabwe in Marrakesh on Monday, and qualification for the knockout stage.
Boxing heavyweight Anthony Joshua hospitalised after fatal road crash in Nigeria
Former heavyweight world champion Anthony Joshua was injured in a serious road traffic accident in Nigeria that claimed the lives of two people
Why spectators will have even more fun in 2026 Safari Rally showdown
For the first time since the return of the Safari Rally to the World Rally Championship (WRC) calendar, spectators will get to watch the event shakedown during the 2026 edition.
Women teams led the way with impressive show as men struggled
Junior Malkia Strikers’ African gold top highlight of 2025 as Malkia Strikers win a game at World Championships. 
Diallo strikes again as Ivory Coast and Cameroon share spoils in AFCON classic
Man United winger Amad Diallo was again on the scoresheet as defending champions Ivory Coast were held to a 1-1 draw by rivals Cameroon in a pulsating AFCON Group F clash
.
RECOMMENDED NEWS