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
Mwamba in partnership talks with Ambulance service provider Lasante
The meeting, held on Friday morning, sought to explore ways in which LaSante could support Mwamba’s push to greater heights both on and off the pitch and enhance the existing relations.
Ambitious Mwirigi sets his sights on Chairman's top prize
Mike Mwirigi hopes to replicate a similar performance at the Chairman’s Cup tomorrow at the Nairobi Polo Club.
Wada impressed with Kenya's progress in fight against doping
Wada Africa Director Swigelaar held a meeting with Sports CS Mvurya in Nairobi on Wednesday.
Zarika now targets world title as SportPesa pumps Sh120m into sports
Former World Boxing Council (WBC) women’s Super bantamweight champion Fatuma Zarika is glad to ‘revive’ her boxing career.
NOC-K, KU to set up high performance centre
Plans are underway for the National Olympic Committee of Kenya to set up a high-performance training centre at Kenyatta University.
.
RECOMMENDED NEWS