Siaya Covid-19 burial: Lobby to know court decision Monday

The High Court will Monday consider an application by a civil society group seeking to be enjoined in an exhumation case filed by the family of former Kenya Ports Authority employee who was controversially buried after succumbing to Covid-19 ahead of the hearing of the suit.

Parties in the case, who include the late man’s son and sister and LSK, which was enjoined as an interested party, had until close of Friday to file their submissions for hearing of the case electronically.

This is after the judicial officers became apprehensive following allegations that the petitioners’ lawyer could have come into close contact with people considered as primary contacts of the late James Oyugi Onyango who succumbed to coronavirus on April 10.

High Court Judge Roseline Aburili on Thursday directed the parties to provide their written submissions through email by close of Friday for consideration by the High Court.

Malaika Foundation is seeking to be enjoined in the petition as an interested party and seeks to advance the cultural aspects to the case. The civil society organisation filed the application on Friday through Oduor and Achar company advocates.

Judge Roseline Aburili will also confirm if all the documents to the petition have been properly filed by the parties as earlier directed by the Court.

The Siaya County health department on Friday requested for more time and were given up to Monday to file their submissions in regards to the petition.

Mr Oyugi was controversially buried after it was posthumously established that he had Covid-19, an incident that sparked countrywide protests.

The former KPA employee was buried in a body bag without a coffin, in the dead of the night by health officers under tight security.

The Ministry of Health would later admit that the burial was indecent and in contravention of the laid down guidelines on handling and burial of those who succumb to COVID-19, both at the national level and as prescribed by the World Health Organisation, (WHO).

Justice Aburili has indicated the petition was constitutional and raised fundamental human rights issues that would need to be canvassed by the parties.

Hearing of the case was set for yesterday- Friday April 24 and lawyer Edward Ambala is representing the family.

 His clients are among people quarantined at Siaya KMTC campus grounds after they were rounded up by health and security authorities in the country immediately after Mr Oyugi’s burial.