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Prisoners Granted Right to Attend Close Family Funerals
In a landmark decision, Kenyan prisoners can now attend the burials of their close family members, unless there are compelling reasons to deny them this right. This development follows a successful legal challenge brought by former journalist Moses Dola, who was denied the opportunity to attend his mother’s funeral while serving a 10-year sentence for alleged manslaughter.
Dola argued that the denial of his presence at his mother’s burial constituted a violation of his fundamental human rights. The court agreed, issuing a ruling that “all sentenced and pre-trial detainees held in custody have the right to be treated humanely which includes permitting them to attend funerals and burials of their close family members unless there are compelling reasons for declining granting of permission.”
This decision represents a significant shift in Kenyan law and prison practices. Previously, prisoners were generally denied the right to attend funerals, regardless of their circumstances. The court’s decision acknowledges the importance of maintaining family bonds, even for incarcerated individuals, and recognizes the inherent humanity of those serving sentences.
However, the court also acknowledged the need for safeguards, directing the State to establish regulations within the next six months that will determine the specific criteria under which a prisoner may be denied the right to attend a family member’s funeral. These regulations will likely focus on factors such as security risks and potential for escape attempts.
Former KPC Boss Gets Reprieve in Ksh.30 Million Graft Case
The High Court Wednesday temporarily halted the prosecution of former Kenya Pipeline Managing Director Charles Tanui and two others in a Ksh.30 million corruption case. This unexpected turn of events comes after the Office of the Director of Public Prosecutions (ODPP) requested a halt to the proceedings.
The ODPP, led by State Counsel Alexander Muteti, informed the court that they had secured orders pausing the prosecution until the last witness is heard and the case is determined. The judge, Justice Victor Wakhumile, acknowledged the orders and scheduled the next hearing for April 3rd.
This development follows last week’s rejection of the ODPP’s request to withdraw the case against Tanui. The prosecution had completed testimony from 25 witnesses but then opted not to call their final witness, an EACC investigator. They subsequently sought to have the charges dropped, but the court denied their request and ordered the case to continue.
This marks the second time the ODPP has attempted to have the case dismissed, with both the trial court and now the High Court rejecting their efforts. The reasons behind the ODPP’s change of heart remain unclear, and the next hearing will be crucial in determining the future of the case.
Tanui was initially charged in 2020 with authorizing irregular payments for the installation of transformers at KPC using falsified documents. He and his co-accused have maintained their innocence throughout the proceedings.
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