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
Mbappe wins World Cup Golden Boot
Kylian Mbappe won the 2026 World Cup Golden Boot on Sunday after Lionel Messi failed to add to his tally in the final in New Jersey.
Spain down Argentina to win World Cup, shatter Messi dream
Ferran Torres scored the only goal of the game on Sunday as Spain beat 10-man Argentina 1-0 after extra-time to win their second World Cup.
World Cup final goes to extra-time
The World Cup final between Spain and 10-man Argentina went to extra-time on Sunday, with the teams locked at 0-0 at the end of normal time.
Like father, like son as Kimoi and Gideon Moi lead teams to wins
Kimoi Moi and Gideon Moi inspired their teams to trophy-winning performances as the Calvary Cup concluded, with both earning praise ahead of Kenya's international polo fixtures.
Kenyans join global celebration as Spain and Argentina battle in 2026 World Cup final
Thousands of football fans across Kenya on Sunday joined millions around the world in celebrating the climax of the 2026 FIFA World Cup.
.
RECOMMENDED NEWS