ADVOKS GLOBAL · KENYA
National Coroners Service Act
44. Exhuming body or recovering cremated remains
Edition: 2022-12-31 · In force
44. Exhuming body or recovering cremated remains
(1)This section applies if, after a body is buried or cremated, the Coroner-General forms the belief that the death was a reportable death.(2)To enable an autopsy of a body to be conducted, the Coroner-General may make an application to court for an order—(a)if the body was buried, to be exhumed; or(b)if the body was cremated and the cremated remains may be recovered, the cremated remains to be recovered.(3)The Coroner must give at least two days' notice of the Coroner's intention to apply for the order under subsection (1) to—(a)the person in charge of the place where the body is, or the cremated remains are; and(b)any person who the Coroner considers has a sufficient interest in the autopsy.(4)Subsection (3) does not apply if—(a)after taking all reasonable steps, the Coroner cannot contact a person mentioned in subsection (3); or(b)the Coroner considers it is not, in the circumstances, in the public interest to notify a person mentioned in subsection (3).(5)If a person has raised a concern in relation to the order being made but after discussing the matter with the person, the Coroner considers it is in the public interest for the order to be made, the court shall make the order and give a copy of it to the person.(6)The order authorizes a police officer to enter the place stated in the order and stay there for as long as reasonably necessary to exhume the body or recover the cremated remains.(7)The police officer shall arrange for the body or cremated remains to be taken, in accordance with the directions in the order, to a place stated in the order.(8)The Coroner shall, as soon as reasonably practicable after the autopsy, order the body or cremated remains to be returned to the place from where they were taken.