BY SAM ALFAN.
Prisoners and detainees have won big after the High Court directed the government to come up with mechanisms and structures to allow them attend the burials of the departed relatives.
Stating that the prisoners have a right to be treated humanely, Justice Lawrence Mugambi said they have to be permitted, whenever possible, the right to attend burials or funerals of the close relatives.
The judge said although the court upholds the right of prisoners to mourn their loved one by being allowed to attend burials, funerals and death bed visits, the decisions is not absolute as the authorities have to assess the safety of the prisoners and the general public.
“This will defeat the whole essence of incarceration and compromise the ends of justice,” said the judge.
The judge made the decision in a petition filed by former journalist Moses Dola, who is serving 10 years jail term at the Naivasha Prison.
Dola filed the petition in 2022 seeking enforcement of Bill of Rights particularly redress for violation and erosion of fundamental freedoms and rights.
He wanted the Commissioner General of Prisons to be ordered to facilitate and allow prisoners to attend burials.
“More often than not, the commissioner general of the Kenya Prison Service, having residual discretion to grant permission to attend funerals, has failed to exercise his direct discretion to allow bereaved inmates to attend funeral services of close family members thereby occasioning untold psychological torment to the affected inmates,” Dola stated in his suit papers.
The prisoner who is serving a 10 years jail term for manslaughter cited United Nations rules on handling prisoners that requires the inmates to be informed of death and serious illnesses of their relatives while in incarceration.
The court directed the CS in charge of correctional facilities Prof Kindiki Kithure to enact regulations to operationalise temporary releases for persons detained or imprisoned under section 30(2)(h) of the Persons Deprived of Liberty Act, within 60 days.
“A declaration be and is hereby issued that all sentenced prisoners and pretrial detainees held in custody have the right to be permitted to be treated humanely which rights includes permitting them to attend funerals and burials of their close family members or for any other exceptional deserving reason unless there are compelling reasons for declining granting of permission,” said the judge.
