A Mombasa court has ordered the exhumation of a business man known as Anverali Nazerail that was buried two months ago, for an autopsy to determine the cause of his death.
The court has given a directive for the body, which was buried at the Khoja Shia ithnaasheri graveyard in Mombasa County to be exhumed within 7 days of the decree.However the family seems to disagree with the courts ruling.
The late businessman’s widow Kiran Nazerali has movd to highcourt to challange the lower courts decision.Through her lawyers Mohamed Balala and Sborne Lijoodi who have enthusiastically walked the judicial journey with her.
The resident magistrate insisted that the exhumation of the body will help in identifying the cause of the late businessman death.
“Whether the application to exhume the body has merit or not is within the jurisdiction of the court to decide,” he pointed out.
The letter from the DCI and The AghaKhan hospital stated that upon discharge the body should under go autopsy to determine the cause of death of the deceased.
The late businessman brother Shakir Awar,who protested strongly over the deceased death , two weeks after he was buried. Shakir Awar was represented in court by counsel Michael Oloo.
The magistrate added that after the autopsy is conducted is when the hearing will continue concerning the matter in dispute.
“After the post-mortem is carried out we will be able to chart the way forward on the matter in dispute before the court,” he added.