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
Robertson to leave Liverpool at end of season
Andy Robertson will bring down the curtain on his nine-year career at Liverpool at the end of the season, the faltering Premier League champions announced on Thursday
Angola name former Senegal boss Cisse as new coach
The Angolan football federation said Thursday it had hired Senegalese Africa Cup of Nations winner Aliou Cisse as the new head coach of the national team.
School Games: Ng'iya, Kisumu Day make semis as national hockey champs Tigoi bow out
Nyanza Region champions Ng’iya Girls and Kisumu Day are through to the semifinals of the Brookside National Secondary School Term One games
School Games: Kakamega face Upper Hill as Yala renew rivalry with Kisii in rugby
Kakamega High School will face off with Upper Hill in the Brookside National Secondary School rugby 15s semifinals on Friday, as St Mary’s School Yala renew their rivalry with Kisii School.
School Games: Newbies St Mary's Yala make semis as Butere to face Barchando
St Mary’s Yala finished top of Group B after seeing off Friends School Kamusinga 74-72 to make the last four on Thursday at Kisumu Polytechnic Grounds.
.
RECOMMENDED NEWS