Msengi Kiula
Senior Member
- Jan 10, 2008
- 167
- 63
The criminal law regime is silent with regards to right of *unconvicted prisoner* or *rumandee* to attend the Burial Ceremony of his parent or any other relative. Both *the Prisons(Management) Regulations, 1968* and *the Prisons Act, Cap. 58* are silent on the matter. Also, the Criminal Procedure Act, Cap. 20 as well as the Magistrates Court Act, Cap. 11 too are silent on the matter.
It is impriginable legal principle of ages in all common law jurisdictions that _*“Everything is permitted except what is forbidden by the law”*_, in other words, we as citizens, we are permitted or entitled to do things not only which the law expressly or impliedly permits or entitles us to do but also citizens are permitted or entitled to do even those *"things which the law is silient"*.
This principle was well elucidated by Justice Laws in the case of _*R Vs Somerset County Council, Experte Fewings [1995] 1 All ER 513*_ (specifically at page 524) and Justice Robert Meggary in case of *Malone Vs Commissioner for the Metropolitan Police [1979] Ch 344*.
With the absence of express or implied provisions of law that outlaws or prohibits rumandee from attending burial ceremony of his parent or relative, therefore, it goes without saying that the rumandee is entitled such right.
Last year in Kenya, the accused of murder case one *Sarah Wairimu Cohen* sought and obtained order of the Court to attend burial ceremony of his late husband one *Tob Cohen* and the said order was granted by the High Court (Criminal Division) at Nairobi in the case of *Republic Vs Sarah Wairimu Cohen, Criminal Case No. 60 of 2019* as per *Matuka, J*.
*Sarah Cohen* attended the burial ceremony of her late husband one *Tob Cohen*
2/1/2020
Sent using Jamii Forums mobile app
It is impriginable legal principle of ages in all common law jurisdictions that _*“Everything is permitted except what is forbidden by the law”*_, in other words, we as citizens, we are permitted or entitled to do things not only which the law expressly or impliedly permits or entitles us to do but also citizens are permitted or entitled to do even those *"things which the law is silient"*.
This principle was well elucidated by Justice Laws in the case of _*R Vs Somerset County Council, Experte Fewings [1995] 1 All ER 513*_ (specifically at page 524) and Justice Robert Meggary in case of *Malone Vs Commissioner for the Metropolitan Police [1979] Ch 344*.
With the absence of express or implied provisions of law that outlaws or prohibits rumandee from attending burial ceremony of his parent or relative, therefore, it goes without saying that the rumandee is entitled such right.
Last year in Kenya, the accused of murder case one *Sarah Wairimu Cohen* sought and obtained order of the Court to attend burial ceremony of his late husband one *Tob Cohen* and the said order was granted by the High Court (Criminal Division) at Nairobi in the case of *Republic Vs Sarah Wairimu Cohen, Criminal Case No. 60 of 2019* as per *Matuka, J*.
*Sarah Cohen* attended the burial ceremony of her late husband one *Tob Cohen*
2/1/2020
Sent using Jamii Forums mobile app