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
Sosian Energy bounce back in Moi Cup
After a bad start, Sosian Energy made a formidable comeback to defeat Offbeat Safaris 9-7 to enhance their chances of lifting the Moi Cup in a thrilling match at Manyatta Polo Club.
Kenya Police Bullets face off with Ulinzi Starlets
Reigning FKF Women’s Premier League champions Kenya Police Bullets will lock horns with Ulinzi Starlets on Saturday at Police Sacco Stadium.
Unpredictable Leopards eye Mashemeji Derby lift
Defending champions Police will face Sharks at Kasarani Annex. Ambani ready to lead Leopards to victory tomorrow.
Bioline prove too good for Sosian Energy in Moi Cup tie
Bioline overcame Sosian Energy 7-3 to send a stern warning to their opponents of their intention to win the annual Moi Cup in a one-sided match at Manyatta Polo Club in Gilgil on Friday.
Bakari makes a positive start at World Boxing Championships
The policeman claimed Kenya’s first win at the global showpiece on Thursday night. The Hit Squad targets to improve from past edition’s performance.
.
RECOMMENDED NEWS