LSK demands DNA testing before City Mortuary disposes of 120 unclaimed bodies

The Law Society of Kenya (LSK) has requested the High Court to intervene and prevent the Nairobi County government from disposing off 120 unclaimed bodies currently at the Nairobi City Funeral Home, previously known as City Mortuary.

The LSK said it wants to ensure that the identities of the bodies are confirmed through a DNA sampling process before any disposal.

The bodies, which have been in storage at the Nairobi City Funeral Home, were reportedly dropped off by police officers from 12 different police stations across Nairobi between May 12, 2023, and April 28, 2024.

From the notice, the majority of the bodies are said to be male.

"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," the LSK says in the petition filed at the High Court on Monday.

Last week, Nairobi Governor Johnson Sakaja announced plans to dispose of the bodies. Following the announcement, a notice was published in a local newspaper indicating the county government's intention.

A notice issued by Nairobi County Government on unclaimed bodies on August 23, 2024. (Nairobi City County)

In response, the LSK has filed a case at the Milimani Law Courts seeking to stop the disposal process.

The LSK argues that the county government, led by Sakaja, has not provided adequate time for the identification of the bodies and has failed to carry out a thorough DNA sampling to establish the identities of the unclaimed remains.

The case names several defendants, including the County Government of Nairobi, Governor Sakaja, the Acting County Secretary, the County Executive Committee (CEC) for Health, Nairobi City Mortuary, the Cabinet Secretary for Health, the Inspector General of Police, the Directorate of Criminal Investigations, and the Attorney General