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
World Relays action kicks off in Gaborone
World Athletics Relays that are kicking off in Gaborone, Botswana, this afternoon are high-stakes battles for honours and qualifications for upcoming international shows.
Sofapaka staring at relegation as Gor Mahia eye title charge
K’Ogalo will move nine points clear if they beat Homeboyz in Mumias.
Nairobi Utd, Tusker and Police chase FKF Cup semi-final spots
Nairobi United will be hoping to keep their title defence alive when they face a tough test against KCB tomorrow at Ulinzi Sports Complex
Champions Police Bullets clash with Vihiga Queens
Gideon Starlets will battle for survival against Ulinzi Starlets.
Kingi, Onyinkwa star at Labour Day Boxing Championships
Elijah Kingi defeated Kalande Bilali on a unanimous points decision to scoop the super-light heavyweight title of the Labour Day Boxing Championships
.
RECOMMENDED NEWS