Landmark ruling grants prisoners right to attend close family burials

Prisoners detained in custody can now attend burials of close family members if there are no compelling reasons to deny them the right to do so.

The development follows a case filed by ex-journalist Moses Dola who was sentenced to 10 years behind bars in 2018 for allegedly killing his wife.

He subsequently filed the application following the death of his mother, during which he was denied the opportunity to attend her funeral, a move he termed a violation of fundamental freedom and rights of prisoners.

"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.

The court further directed the State to establish regulations that will determine prisoners who are deprived of their rights to attend funerals within the next six months.