NAIROBI, Kenya Feb 23 – Prisoners held in custody have been granted the right to attend the funerals of their close family members, unless compelling reasons dictate otherwise.
The ruling was made in a case by former journalist Moses Dola, who is serving a 10-year prison sentence since 2018 for the killing of his wife.
Dola’s plea to attend his mother’s funeral, which was denied, raised concerns about the violation of prisoners’ fundamental freedoms and rights.
The court has now issued a declaration, affirming that all sentenced and pre-trial detainees held in custody deserve humane treatment, including the opportunity to bid farewell to their loved ones at funerals.
“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.
