A Mombasa court has ordered the exhumation of a Pakistani national who police believe died under unclear circumstances.
Mombasa Senior principal magistrate, Vincent Adet ordered the exhumation of Anverali Nazerali after he considered evidence tabled in court.
"An order for exhumation should only be granted, where it will resolve a demonstrating important or material issue in the case, from the foregoing and looking at the impugned letter from Doctor Sam Oula a medical director at the Agakhan the Directorate of criminal investigations( DCI) has demonstrated that the events after the discharge of the deceased from the hospital should be subject to investigations to establish the cause of death," he said
Adet noted that to aid police in their investigations and make an informed decision on what killed the deceased an autopsy had to be conducted on the body by allowing exhumation.
"This can only be done by conducting an autopsy on the body of the deceased and to succeed in that, the deceased body has to be exhumed to aid in conducting the inquest thus the application is hereby merited and allowed as requested," Adet said.
The orders were issued after detectives from the Directorate of criminal investigations,(DCI) moved to court seeking orders to have the deceased body exhumed citing foul play in his death on May 15 this year.
The deceased died on his way, to the Mombasa hospital.
According to police the brother of the deceased, namely Shakir Anawar had reported to port police station Mombasa about the unclear circumstances that led to the death of his brother.
"The whole process of burial was suspicious to the immediate family of the deceased who is still questioning the circumstances under which the deceased died it's important for the exhumation process to be carried out to allow for an autopsy on the deceased body in order to establish the cause of death," State counsel Hillary Ishao said.
Police have revealed that the wife to the deceased Kiran Nazerali alongside a close family friend Hussein Chandu failed to follow directives issued to them by police to have the deceased's demise reported since he passed on his way to the hospital.
"Upon suspecting foul play the in charge Central police station had directed the wife to the deceased and Chandu not to bury the body until investigations into his death are complete however with no regard to the directive they proceeded to bury the body at Koja Ithnasheri cemetery without involving the immediate family members", he said.
However, Nazerali has opposed the move to exhume, her husband's body arguing that the application was made in bad faith since the deceased was not in talking terms with his brother at the time of his death over property wrangles.
Adet further issued orders to the police to supervise the exhumation exercise.