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
Somalia backs referee after he is denied entry to US
Somalia defends award-winning referee Omar Artan after he was denied entry to the United States and prevented from becoming the first Somali official to officiate at a World Cup finals.
Wanyonyi to chase glory in Oslo after second place in Rabat
Olympic champion Emmanuel Wanyonyi is returning to Diamond League action this evening in Oslo, Norway, after a second place at the Rabat meet in Morocco late last month.
Ex-Harambee Starlets defender Terry Ouko lands key FIFA World Cup role
Former Harambee Starlets defender Terry Ouko is set to represent Kenya on football’s biggest stage after securing a senior operational role at the 2026 FIFA World Cup
Ma Ning: 'Card Master' referee representing success-starved China fans at World Cup
Chinese football fans left without a national team to support at the World Cup have turned to referee Ma Ning -- nicknamed "Card Master" as the country's representative for the tournament.
Rugby fraternity mourns Shujaa hero Robert 'Majei' Aringo
Kenyan rugby community continue pay their tributes on the death of former Kenya Sevens star and Impala RFC player Robert “Majei” Aringo, who passing over last weekend.
.
RECOMMENDED NEWS