The Kenyan High Court has ruled in favour of the rights of prisoners and detainees to attend the funerals of their loved ones and close relatives.
Justice Lawrence Mugambi emphasised that prisoners have a right to humane treatment, including the opportunity to attend the funerals of their loved ones.
“A declaration be and is hereby issued that all sentenced and pre-trial detainees held in custody have the right to be treated humanely which right includes permitting them to attend funerals and burials of their close family members unless there are compelling reasons for declining granting of permission,” reads the ruling.
However, Justice Mugambi hastened to add that this right is not absolute and may be denied based on specific circumstances.
The court issued this ruling in response to a petition filed by Moses Dola Otieno, a journalist serving time for the murder of his wife, Wambui Kabiru.
Dola, who has been serving a 10-year jail term since 2018, accused prison authorities of neglecting to facilitate arrangements for prisoners to attend funerals, citing his own experience of being denied the opportunity to bury his mother.
Judge Mugambi granted part of the petition and directed CS Home Affairs Kindiki Kithure to, within the next six months, establish regulations guiding the Persons Deprived of Liberty Act, enacted in 2014.
This is to determine which inmates may be exempted from attending these funerals, to ensure a fair and just implementation of this new decision.
The magistrate stressed that permitting prisoners and detainees to attend funerals has a calming effect and is beneficial to their mental and physical health.
“The death of a close relative is the most difficult, and prisoners are no exception,” said the judge.
Attorney General Justin Muturi and CS Kindiki Kithure had opposed the petition, arguing that it would strain the already burdened prison budget.
