LSK in court to stop Nairobi county government from disposing 120 unclaimed bodies
City Mortuary in Nairobi.
What you need to know:
- The LSK has sued the Nairobi City County government, Directorate of Criminal Investigations boss Mohamed Amin, Health Cabinet Secretary Deborah Barasa, the Inspector-General of Police and Attorney-General Dorcas Oduor.
- The society wants the court to compel the county government to issue a proper notice granting members of the public 120 days to identify and collect the unclaimed bodies and before disposing of any unclaimed bodies, the government should conduct mandatory DNA sampling.
Law Society of Kenya (LSK) has moved to court seeking to stop the Nairobi City County government from disposing of 120 unclaimed bodies lying at Nairobi City Funeral Home, formerly City Mortuary, until their identities are ascertained.
The society says the county government published the notice of intention to dispose of the bodies last month, without giving people adequate time to identify the unclaimed bodies.
The lawyers’ body claims the move is actuated by "sheer malice, ill-will with intent to conceal atrocities meted on the unclaimed bodies".
“Pending the hearing and determination of this Application infer-parties, an order of mandamus do issue compelling the Respondents to conduct a DNA sampling process to ascertain the identity of the 120 Unclaimed Bodies lying at Nairobi City Funeral Home (City Mortuary),” the LSK says in the petition filed at the High Court on Monday.
The LSK pointed out that many youths were shot dead and others were still missing since June 25, 2024 during the protests against the Finance Bill, 2024.
LSK chief executive officer Florence Muturi said many of the young protesters who died in Nairobi were taken to the Nairobi City Funeral Home.
She said many families have been looking for their loved ones who went missing since the protests began.
“Even as many people continue in the search of their loved ones who have gone missing since the Gen Z protests began, the 1st to 6th Respondents (government officials) have surprisingly published a public notice in the newspaper dated 21st August, 2024 notifying members of the general public that they intend to dispose of 120 unclaimed bodies from Nairobi City Funeral Home (City Mortuary) within seven days should the bodies remain unidentified,” she said.
Ms Muturi added that in its latest report, the Kenya National Commission on Human Rights reported that over 50 people have died and many injured during the protests and many Kenyans continue to make reports of missing persons long after the protests.
The LSK has sued the Nairobi City County government, Directorate of Criminal Investigations boss Mohamed Amin, Health Cabinet Secretary Deborah Barasa, the Inspector-General of Police and Attorney-General Dorcas Oduor.
The society wants the court to compel the county government to issue a proper notice granting members of the public 120 days to identify and collect the unclaimed bodies and before disposing of any unclaimed bodies, the government should conduct mandatory DNA sampling.
“An order be issued compelling the Respondents at any time before disposing of any unclaimed bodies give members of the public proper and sufficient notice to be circulated on all newspapers and other social media forums,” LSK pleaded.
