Saturday, June 22, 2024 - Jacque Maribe’s ex-lover and murder convict Joseph Irungu, commonly known as Jowie, will not be permitted to attend his father’s funeral, despite a landmark court ruling that allows prisoners to attend funerals of close family members.
In February, High Court Judge Lawrence Mugambi ruled that prisoners and pretrial detainees have the right to attend funerals of close family members, asserting their right to humane treatment.
This ruling came from a case filed by journalist Moses Dola, who was imprisoned for the murder of his wife.
Justice Mugambi’s order included a directive for Interior CS Kithure Kindiki to establish mechanisms to facilitate such temporary releases
High Court Judge Chacha Mwita declined to order the Kenya Prisons Service to escort Jowie to Nakuru South Cemetery for his father, Julius Irungu’s burial.
Jowie had appealed to the court to attend his father’s funeral.
His mother, Anastacia Thama, expressed her willingness to cover the costs for his attendance and had written to the Commissioner General of Prisons requesting permission.
Despite the urgency and the upcoming burial date, there was no response from the authorities.
The Attorney General informed the court that, despite the existing court orders, regulations to facilitate prisoners’ attendance at funerals were not yet in place.
Consequently, Judge Chacha Mwita ruled against Jowie’s request to attend the funeral, making him ineligible to be the first prisoner to benefit from Judge Mugambi’s February ruling.
Jowie’s mother, Anastacia Thama, highlighted the emotional distress and the importance of her son’s presence at the funeral.
She conveyed her concerns regarding the bureaucratic delays that might prevent timely feedback from the prison authorities.
Despite her pleas and the court’s previous ruling, the lack of established regulations led to the decision that Jowie would remain in custody during his father’s burial.
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