The Law Society of Kenya (LSK) faces a possible dismissal of its petition challenging the disposal of 120 unclaimed bodies at Nairobi City Mortuary without adequate DNA testing or sufficient time for families to identify and collect the remains.
The High Court on Tuesday said it would give LSK a show cause notice asking it to explain why the petition should not be dismissed for want of prosecution after failing to appear for a hearing.
The petition filed in August 2024 challenges Nairobi County Government’s plan to dispose of the unidentified remains without extensive DNA sampling and sufficient time for families to identify their relatives.
It also raises questions about the handling of missing-person reports following the June 2024 Gen Z anti-Finance Bill protests.
“I will give the petitioners a last mention date, and we see whether or not they are going to prosecute,” Justice Patricia Nyaundi said during the proceedings, warning that the case risked dismissal for want of prosecution.
The judge added that the petitioners would have to show cause why the case should not be dismissed for want of prosecution. The case was fixed for mention on November 24, 2026.
The case was scheduled for hearing but failed to take off due to the non-appearance of the petitioners. The county government’s advocate said the respondents were ready.
Court records show that the dispute began after a notice published in a local daily on August 21, 2024, announced that 120 unidentified bodies would be disposed of if they remained unclaimed after seven days.
A police vehicle parked outside the admissions area of the Nairobi Funeral Home located along Ngong Road after delivering a dead body on November 07, 2025.
Photo credit: Francis Nderitu | Nation
The bodies had been taken to the mortuary by police officers from 12 Nairobi stations between May 12, 2023, and April 28, 2024. Most were male, according to the notice.
LSK filed the petition on August 27, 2024, seeking to stop the disposal process and compel the county and other agencies to establish the identities of the dead.
In its petition, LSK argued that the notice gave families inadequate time to come forward. It sought DNA sampling, a fresh public notice and a 120-day period for relatives to identify and collect the bodies.
The petition also asked the court to require DNA sampling before the disposal of any unclaimed body and sufficient notice through newspapers and social media.
LSK linked its concerns to reports of young people being beaten, abducted, arrested or shot during protests against the Finance Bill. It argued that families were still searching for missing relatives when the disposal notice appeared.
In its supporting affidavit, LSK described the notice as being issued with “sheer malice, ill-will with intent to conceal atrocities meted out on the unclaimed bodies” during the protests.
The national government challenged the case, arguing that the preservation and disposal of bodies fell under county functions. It also said LSK had not demonstrated a connection between the national agencies sued and the planned disposal.
On May 14, 2026, the court rejected that preliminary objection, finding that the allegations required evidence rather than resolution as a preliminary legal question.
“The preliminary objection lacks merit and must fail,” the court ruled, allowing the petition to move towards a hearing.
Earlier, in September 2024, the court declined to stop the county from disposing of the bodies. The court said a suspension based on general reports of missing people was not justified and that the notice allowed the public to visit the mortuary and identify the remains.
The county’s position was that the notice served to inform the public and enable identification before the mortuary was cleared. The national government separately maintained that managing mortuaries and disposing of unclaimed bodies were devolved responsibilities.
The case names the Nairobi County Government, Governor Johnson Sakaja, county health officials and the Nairobi City Mortuary, alongside national officials including the Health Cabinet Secretary, Inspector-General of Police, Directorate of Criminal Investigations and Attorney-General as respondents.
