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
Afcon champions Senegal slapped with Sh77 million fine after chaotic scenes
Two Senegal players, Iliman Cheikh Baroy Ndiaye and Ismaila Sarr, were each handed two-match bans for their behaviour towards the referee.
Selection trials for World Universities Cross County Championships bound team heads to Kitui
The institutions of higher learning are determined to come up with a formidable side that should retain and maintain Kenya’s presence in the middle and long running.
CAF team set to inspect stadiums in Kenya ahead of next year's Afcon
Kenya has taken another important step in preparation for the 2027 Afcon after the government announced plans to invite a high-level Confederation of African Football
Players eye top prizes as they battle in Nyali
It will not be business as usual as an estimated 250 players sharpen their golf sticks for the much-anticipated Chairman’s prize golf tournament.
More branches head for counties Novices bouts to pick teams
Mombasa County Boxing Association Secretary-General Chrispin Onyango said they are ready for the event.
.
RECOMMENDED NEWS