High Court Judge Lawrence Mugambi says prisoners and detainees have a right to attend the burial of close family members, unless there exist compelling reasons to deny them the request.
“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 reads in part.
Justice Mugambi, in his ruling, underscores that the right is not absolute. Further, he directs 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.