Big win for prisoners in Kenya as High Court allows them to attend burials of their loved ones – RAILA ODINGA will support this!

Friday, February 23, 2024 - A court sitting in Nairobi has granted prisoners the right to attend funerals of their loved ones.

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