National Coroners Service Act

49. Authorizing burial of body, etc

Edition: 2022-12-31 · In force

(1)A person shall not—

(a)prepare a human body for burial; or

(b)bury a human body; or

(c)take a human body out of Kenya,

unless the person is authorised to do so under subsection (2).

(2)A person is authorised if—

(a)for a death investigated by a coroner—

(i)a certificate of the cause of death under the Births and Deaths Registration Act (Cap. 149) has been issued with the Coroner's consent; or

(ii)the Coroner has ordered the release of the body under this Act; or

(b)for a death investigated outside Kenya by a non- Kenyan coroner, a non-Kenyan coroner's release certificate has been issued; or

(c)otherwise, a cause of death certificate has been issued.

(3)This section does not apply to—

(a)part of a human body taken during an autopsy under section 47;

(b)part of a human body taken during a medical procedure;

(c)part of a human body taken during a medical procedure;

(d)indigenous burial remains; or

(e)the taking of a human body to any type of mortuary.