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
Champions Thunder and Stanbic Aces lead in the KBF Premier League standings
Unstoppable Nairobi City Thunder maintained their flawless run to consolidate their top spot in the Kenya Basketball Federation (KBF) Men’s Premier League.
Porto Alegre is the next stop for Kipchoge after racing in the Cape Town Marathon
Two-time Olympic champion and former world record holder Eliud Kipchoge’s sights are now firmly on running the Porto Alegre Marathon in Brazil on July 12.
Gacheru steps down from WRC Safari Rally role
WRC Safari Rally CEO Charles Gacheru is stepping down from his role as the head of the world’s toughest and most popular motorsport event.
Gor Mahia hold off rivals to clinch league title
Gor Mahia’s journey to the 2025-2026 SportPesa Premier League title was built on resilience, consistency and the ability to respond strongly whenever doubts emerged around the team.
K'Ogalo crowned champions for record 22nd league title
Gor Mahia were on Sunday crowned SportPesa Premier League champions for a record extending 22nd time after bitter rivals AFC Leopards lost 2-1 to APS Bomet at Kericho Green Stadium.
.
RECOMMENDED NEWS