Prisoners have right to attend funerals of their loved ones

In a landmark ruling on Friday, February 23, the high Court ruled that prisoners and detainees have the right to attend funerals of their loved ones.

According to Justice Lawrence Mugambi, inmates serving their sentences in prisons and those that are detained should be treated “humanely”, including attending funerals of close family members.

“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,” the ruling read in part.

Moses Dola, a former journalist, is serving a 10-year sentence for an offence, initially of murder, but reduced to manslaughter. While serving his sentence, his mother died and he was not allowed to attend her funeral. This prompted her to file a petition to have prisoners and detainees be allowed to attend funerals of their loved ones. PHOTO | *Tonny Omondi | Nation Media Group*

But Justice Mugambi, in his ruling, underscored that the right was not absolute.

Consequently, he directed the State to lay down rules and regulations that will determine if a prisoner or detainee will be deprived of these rights or not.

This, the court directed, should be implemented within the next six months.

The court made the ruling after a petition filed by former journalist Moses Dola who was sentenced to 10 years in prison in 2018 for killing his wife.

While serving his prison sentence, Dola’s mother died and he was not allowed to attend her funeral, prompting the petition.

Dola argued that it was a gross violation of fundamental freedom and rights of prisoners.