High Court Rejects LSK Bid to Halt Disposal of 120 Unclaimed Bodies at Nairobi City Funeral Home
The High Court has rejected a request from the Law Society of Kenya (LSK) to prevent the Nairobi City County government from disposing of 120 unclaimed bodies currently at the Nairobi City Funeral Home.
On Thursday, Justice Lawrence Mugambi determined that the application for an order to halt the disposal of the bodies, based on general claims of missing persons, lacked specificity and justification.
The judge explained that the notice intends to alert the public so that anyone with a missing person can come to the mortuary and check if their loved one is among the bodies scheduled for disposal within the given timeframe.
Justice Mugambi noted that such notices are generally issued to manage mortuary space more efficiently.
The application did not meet the criteria for granting an ex-parte conservatory order, according to the judge.
The LSK had approached the court requesting an injunction to prevent the county government from disposing of the bodies until DNA testing was performed to identify them.
The petition, filed at the High Court, sought a mandamus order requiring the respondents to carry out DNA sampling to determine the identities of the 120 unclaimed bodies at Nairobi City Funeral Home.
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The LSK argued that many young individuals were killed and others went missing since the June 25, 2024, protests over the Finance Bill, 2024.
LSK Chief Executive Officer Florence Muturi stated that several young protestors who died in Nairobi were taken to the Nairobi City Funeral Home, and many families are searching for their missing loved ones.
Muturi noted that despite ongoing searches for missing individuals since the protests began, a public notice was issued on August 21, 2024, announcing the intention to dispose of the 120 unclaimed bodies within seven days if they remain unidentified.
She added that the Kenya National Commission on Human Rights reported over 50 deaths and numerous injuries during the protests, with many Kenyans continuing to report missing persons long afterward.
The LSK sought a court order for the county government to provide a proper notice allowing 120 days for the public to identify and claim the unclaimed bodies before any disposal, and to mandate DNA sampling before disposing of any bodies.
High Court Rejects LSK Bid to Halt Disposal of 120 Unclaimed Bodies at Nairobi City Funeral Home
