[2025] KEHC 5807 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the exhumation and re-interment of the deceased's body, and that the application complied with the requirements of the Public Health Act, Cap 242. The absence of opposition from the respondents and the adequacy of the supporting affidavit...
Source-derived case information.
- Citation
- [2025] KEHC 5807 (KLR)
- Parties
- Applicant: Hannah Njeri Kamau; Respondent: Medical Officer of Health Nakuru; Respondent: Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E001 of 2025
- Procedural Posture
- Family Miscellaneous Application / Ruling on Chamber Summons for Exhumation Order
- Outcome
- Application allowed. Orders granted as prayed. No order as to costs.
- Judges
- JM Nang'ea
- Legal Topics
- Exhumation Orders, Burial Permits, Public Health Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Njeri Kamau
Applicant
Medical Officer of Health Nakuru
Respondent
Hon Attorney General
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Chamber Summons for Exhumation Order
Legal Issues
- 1 Whether the applicant is entitled to an order for exhumation of the body of Samwel Mbatia Kamau.
- 2 Whether the exhumation should be authorized under the Public Health Act and supervised by relevant officers.
- 3 Whether the applicant should be issued with a permit to exhume and re-inter the body.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the exhumation and re-interment of the deceased's body, and that the application complied with the requirements of the Public Health Act, Cap 242. The absence of opposition from the respondents and the adequacy of the supporting affidavit evidence justified granting the orders as prayed. The court further directed that the exhumation be conducted under the supervision of a qualified medical officer and public health officer, and that the applicant be issued with the relevant permit by the 1st respondent. Costs were ordered to be in the cause.
Court Disposition
Application allowed. Orders granted as prayed. No order as to costs.
Orders
- The Medical Officer of Health, Nakuru County, is directed to authorize the exhumation of the body of Samwel Mbatia Kamau buried on 15th July 2005 at Block Q Grave No. 133 at Municipal Council of Nakuru Burial Section in Langalanga, Nakuru County.
- The applicant is to be issued with the relevant permit to exhume and re-inter the body of Samwel Mbatia Kamau by the 1st respondent.
Full Case Text
Judgment text and source record
20 paragraphs
Kamau v Medical Officer of Health Nakuru & another (Family Miscellaneous Application E001 of 2025) [2025] KEHC 5807 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5807 (KLR)
Republic of Kenya
In the High Court at Nakuru
Family Miscellaneous Application E001 of 2025
JM Nang'ea, J
May 7, 2025
Between
Hannah Njeri Kamau
Applicant
and
Medical Officer of Health Nakuru
1st Respondent
Hon Attorney General
2nd Respondent
Ruling
1. By Chamber Summons dated 13th January, 2025 the Applicant seeks the following orders;-1. That this Honourable Court be pleased to issue an order directing the Medical Officer of Health, Nakuru County, to authorize the exhumation of the body of Samwel Mbatia Kamau buried on 15th July 2005 at Block Q Grave No. 133 at Municipal Council of Nakuru Burial Section in Langalanga, Nakuru County.2. That this Honourable Court does issue an order That the Applicant be issued with the relevant permit to exhume and re-inter the body of Samuel Mbatia Kamau by the 1st Respondent.3. That the exhumation be carried out in accordance with the provisions of the Public Health Act, Cap 242, and under the supervision of a qualified medical officer and public health officer to be assigned by the 1st Respondent.4. That the remains of the deceased be relocated to the family’s graveyard in the Family’s land L.R. No. Bahati Wendo/163 in Nakuru County.5. That the costs of this application be in the cause.
2. The application is supported by grounds on the body thereof and affidavit evidence of the Applicant.
3. The application is unopposed. Upon perusing the same together with the supporting evidence, the same is allowed with no orders as to costs.
J. M NANG’EA, JUDGE.RULING DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT THIS 7TH DAY OF MAY, 2025 IN THE PRESENCE OF:Applicant’s Advocate, Mr. KaluaRespondents, AbsentThe Court Assistant (Jeniffer)J. M NANG’EA, JUDGE.