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
Kasarani and Thailand rule Nairobi event
Kasarani Youth and Thailand landed more boxers in the finals on the penultimate day of Nairobi County Novices Championships at Umoja Boxing and Arts Club.
Is KVF embroiled in a serious leadership crisis?
Under the leadership of the late Kenya Volleyball Federation president Waithaka Kioni, disputes were unheard of, and the sport thrived to the delight of sportsmen and women.
Will Kenya become the first African country to host World Championships?
Kenya will know in September this year whether it will host the 2029 or 2031 World Athletics Championships, the most prestigious international track and field event.
Defending champion Korir faces world champ Simbu in Boston
Organisers have confirmed that eight of the top 10 finishers from the 2025 Boston Marathon will return to the World Athletics Platinum Label road race on April 20.
Ebenyo among stars to battle for glory in Mumias
World Cross Country Championships bronze medallist Daniel Simiu Ebenyo is among more than 500 athletes set to compete during the penultimate leg of the second season of Betika BingwaFest.
.
RECOMMENDED NEWS