Court to rule on Kenyatta Hospital burial row

The family wants to be allowed to exhume the body of Sabenzia Chepkesis Killong, who was admitted to KNH in December, died eight days later on December 28 and was buried by the referral facility in an unmarked grave at the Lang’ata Cemetery.

The family of Ms Killong also wants an autopsy done to establish the cause of death. Thereafter, they want the court to allow them to re-bury their kin at Ndalu location, Tongaren Constituency, in Bungoma County.

“Upon considering the application, it is hereby ordered that the application is certified urgent and that the application be served for inter partes hearing on May 17, before Hon Kivuti,” Senior Principal Magistrate D W Mburu of the Milimani Commercial Magistrate Court ordered. 

Ms Killong’s family insists that KNH neglected its duty as they had not only reported their kin missing at two police stations in Nairobi, but had also shared details of the 47-year-old with the referral facility at a time Ms Killong’s body was lying in the morgue.

The hospital, however, says it followed all Ministry of Health rules under the Public Health Act Cap 242 of the Laws of Kenya. The law recommends that a body should be removed from the mortuary within two weeks and thereafter disposed off.

“Despite our best efforts, we could not trace Sabenzia’s next of kin at the time of admission and throughout her treatment,” Dr Evans Kamuri, the KNH chief executive, said in a statement recently. 

Besides the exhumation, autopsy and re-burial, the family also wants the Director of Public Prosecutions (DPP) to establish an inquest into the matter.

“We have also written to the DPP to complete the ongoing investigations as quickly as possible,” the family’s lawyer, Ken Murunga, said. 

Dr Joy Killong, Sabenzia’s sister, has questioned why KNH went ahead to bury the trader, three days after the police inquired about her at the hospital.

“KNH had my sister’s identity card which shows the village where she comes from. Why didn’t they use that option of tracing location and contacting the family before arriving at a decision to dispose her body?” Dr Killong wondered.

While sending condolences to the family, Dr Kamuri of KNH said the hospital was open to scrutiny.

“While we remain open and invite any further information, at present, all indications are that the hospital followed all due procedures of admission, hospital care, farewell home admissions, and finally burial of this patient. KNH will continue to cooperate with the relevant authorities on this matter. We remain committed to providing the best care to all patients,” he said.