Sentenced prisoners have the right to attend burials of close family members unless there are compelling reasons for declining such permission, the High Court has declared.

Justice Lawrence Mugambi said all sentenced prisoners and pretrial detainees held in custody have the right to be treated humanely.

This right he said includes permitting them to attend funerals and burials of their close family members unless there are compelling reasons for declining the granting of permission.

This right he said is not absolute as such decisions to allow inmates to attend funerals cannot be made spontaneously.

The Judge said it should also be considered whether there are resources to facilitate the request and whether the burial will take place in the presence of those hurt by the prisoner's crime.

The Judge also said such decisions can't be made without taking into account the security of the public.

"Court cannot turn a blind eye that there's attend at risk in allowing such requests. That's why such decisions cannot be mechanically made," said the Judge.

He made the orders following a petition filed by Moses Dola, an inmate at the Kiambu GK Prison.

Dola told the court that following his mother's demise on July 12 2021, he was not allowed to attend her funeral by the Prison department.

He argued that the denial was inhumane and in violation of his right to dignity not only to himself but also to other pre-trial detainees and prisoners in similar circumstances who continue to suffer similar treatment.

Justice Mugambi in acknowledging prisoners have the right to attend the funerals said allowing them to do so has a calming effect on their emotional well-being.

He added that the right to attend burials is anchored and rooted in the principle of human dignity.

However, from his analysis, the judge said the right isn't absolute. Other factors must be taken into account.

Some of these factors would be whether there's been an escape attempt by the prisoner or if the prisoner is violent.

In closing, the Judge made a declaration that CS Interior's (State Department of Correctional Services) failure to make rules providing for mechanisms and structures for temporary release of persons detained or imprisoned denies them the right to be treated humanely.

He subsequently ordered the Ministry of Interior to make such rules within the next six months.