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
Try to be Mourinho and I'll fail, Real Madrid coach Arbeloa says
New Real Madrid coach Alvaro Arbeloa has insisted he would be himself at the helm of the Spanish giants rather than trying to imitate Jose Mourinho.
Iwobi hails Nigerian 'unity' with Super Eagles set for Morocco AFCON semi
The Nigerians take on AFCON hosts Morocco in Rabat on Wednesday looking to continue the prolific form which has carried them to the last four.
National League debutants Chema eye Kenya Cup Glory
After a memorable debut in the KVF Men’s National League, Chema Volleyball Club are now looking to extend their impressive show in the second edition of the Kenya Cup.
CAF opens disciplinary investigations into AFCON 2025 quarter-finals misconduct
CAF has announced it has opened disciplinary investigations into several incidents that occurred during the AFCON 2025 quarter-finals in Morocco.
Carrick is frontrunner for interim Man Utd job: reports
Michael Carrick is in pole position to be named as Manchester United's interim manager until the end of the season
.
RECOMMENDED NEWS