NAIROBI, Kenya — A Milimani court has ordered the exhumation of a body mistakenly buried in Nyamira County following a mix-up at the Kenyatta National Hospital (KNH) mortuary, paving the way for DNA testing to establish the deceased’s true identity.
The court ruled that the exhumation is necessary to resolve confusion surrounding the remains of a Tanzanian man whose family claims his body was wrongly released and buried in Kenya.
Once the process is completed and identity confirmed through forensic testing, the remains are expected to be released to the family for repatriation and burial in Tanzania.
In issuing the order, the court cited the need to uphold the rights of the affected family and ensure dignity in death, while also enabling accountability over what it described as a serious administrative lapse at a public health facility.
The case centres on an alleged error at the KNH mortuary, where bodies were allegedly misidentified, leading to the wrongful burial of the Tanzanian national in Nyamira.
The family later raised concerns after inconsistencies emerged regarding the identity of the deceased, prompting legal action.
The court directed that the exhumation be conducted under the supervision of relevant public health, security, and forensic officials to preserve the integrity of evidence and ensure compliance with legal and cultural requirements.
DNA samples are to be collected and analysed before any further steps are taken.
Legal representatives for the family told the court that the mix-up caused significant emotional distress and prolonged uncertainty, denying the family the opportunity to accord their kin a proper burial in accordance with their customs and beliefs.
They argued that exhumation, though painful, was the only practical way to resolve the matter conclusively and restore closure to the grieving relatives.
Under Kenyan law, exhumation orders are issued sparingly and only where the court is satisfied that the process is necessary in the interests of justice, public health, or the protection of fundamental rights.
The judge observed that DNA testing offers the most reliable scientific method to resolve identity disputes of this nature.
Once the DNA results are available, the court will issue further directions on the release of the remains and any additional remedies available to the affected family, including possible civil claims.
