Lawyer Mohamed Balala counsel for businessman Anverali Nazerali’s widow Kiran Nazerali, arguing during his submission before Mombasa Senior Resident Magistrate Vincent Adet. PHOTO/UGC
By OUR CORRESPONDENT
The family of businessman Anverali Nazerali, wants the court to expunge a report of preliminary investigations by the Directorate of Criminal Investigations [DCI] on the cause of his death.
The late businessman’s widow Kiran Nazerali, her 20-year old daughter Mahek Fatima and 18-year old son Nurjehan Abbas said through family lawyer Mohamed Balala, the report by DCI officer Pharis Thoya was based on mere speculation in an application to exhume the body for a post-mortem to be carried out to establish the cause of his death.
They said the report by the DCI would be dead on arrival at the county court and thus they want it expunged.
The family counsel told Mombasa Senior Resident Magistrate Vincent Adet that the police report is based on hearsay and has no sufficient supporting evidence.
“The officer in-change of the local police station had written to a Mombasa hospital demanding for the treatment record of the deceased,” the lawyer told the court.
Balala argued before the court that the documents demanding for the exhumation of the body do not show cause why they want the exercise to be carried out apart from mere suspicions.
He told the court his client who was the spouse of the deceased wondered how the suspicion over the cause of his death comes in.
“If there was any suspicion as to the cause of his death the hospital which had been treating him would not have allowed the body to be removed,” he pointed out.
The bereaved family counsel told the court in his submission against the application to exhume the body that they must be guided by the rule of law and not by mere hearsay without any facts.
Balala pointed out it is a violation of the rights of the family to protect the dignity of the deceased and respect for the dead.
Lawyer Michael Oloo representing Shakir Awar the brother Mombasa businessman Anverali Nazerali, who wants his late brother’s body exhumed. PHOTO/UGC
He added the exhumation of the body requires the wishes of the concerned family in respect of their constitutional and religious rights.
“It’s wrong for the court not to consider the immediate family of the deceased and ignore the bereaved family’s wishes which is against the exhumation of the body,” he added.
The family counsel told the court the wishes of the family is for the body to remain undisturbed and their cultural rights be respected.
Balala argued the argument to exhume the body should not be based on speculation but by the rule of law.
He argued in his submission that the deceased’s estranged brother Shakir Awar, resurfaced two weeks after the burial of his brother claiming that nobody informed him of the death.
We challenge the court to explain where it is written in the law that he must be consulted when the businessman passed on.
The counsel argued before the court that the deceased and his Pakistani brother relationship were estranged despite being biological brothers. .
Balala argued the application to exhume the body is against the family wish and they are satisfied as to the cause of his death contrary to Shakir’s suspicions.
He told the court the family opposes the application to exhume the body because they believe it has a hidden agenda on the reburial of the deceased.
Shakir is represented by counsel Michael Oloo while prosecution is led by Hillary Isiaho.
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