A High Court in Eldoret will next week make a ruling on whether a body buried in December last year following a mysterious death will be exhumed to facilitate police investigations or not.
This is in relation to a case in which Elijah Oginda had appealed against a court’s decision to allow the body of his wife Veronica Kwamboka Osinde exhumed.
Oginda moved to the Eldoret High Court after a Magistrate’s court granted orders to the police to exhume the body of his wife where he was given temporary orders stopping the exhumation.
He later filed an application seeking the stay orders to remain in force pending hearing and determination of the appeal.
The family of the late Kwamboka are however opposed to the application for the stay orders.
While appearing before Lady Justice Hellen Omondi on Monday, lawyers representing Oginda led by Dennis Magare said their appeal has high chances of success hence need for the stay orders to remain in force.
“If exhumation is granted, then the appeal will be rendered irrelevant. There will be no prejudice the respondent will suffer if the application is allowed,” Magare told the court.
A lawyer representing the respondent Maurice Kimuli, however, asked the court to dismiss the appeal in totality noting that issuing stay orders would amount to denying the state an opportunity to conclude its investigations.
“Stay orders interfere with the ongoing investigations into this matter. It is our interest to ensure justice for all parties,” added the prosecution.
The late Kwamboka died on December 11, 2018, with media reports indicating that it was as a result of cardiac arrest, but some of the family members have questioned an autopsy report and are seeking the body to be exhumed for further tests.
Ruling on the applications will be made on February 7, 2019, at 2.00pm.
#hivisasaoriginal