While making the landmark ruling
on Friday, Justice Lawrence Mugambi said all sentenced prisoners and pretrial
detainees held in custody have the right to be treated humanely.
This right, he said, includes
permitting them to attend funerals and burials of their close family members
unless there are compelling reasons for declining the granting of permission.
This right he said is not
absolute as such decisions to allow inmates to attend funerals cannot be made
spontaneously.
He made the orders following a
petition filed by former journalist Moses Dola, an inmate at the Kiambu GK
Prison.
“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 decision.
However, exceptions may apply if
there are compelling reasons to deny this permission.
The court has also directed the
State to establish clear regulations within the next six months to determine
which prisoners may be exempted from attending funerals, ensuring a fair and
just implementation of this new ruling.
Former Prime Minister Raila
Odinga is expected to welcome this ruling since he was barred from attending
his mother's burial when he was in detention in the 1980s.
The Kenyan DAILY POST
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