Grave questions: How police were kept in the dark over Kericho mass grave

Fresh details have emerged linking procedural breaches to the controversial burial of 33 bodies exhumed from a mass grave at the Kericho Public Cemetery, after it was established that security agencies were not notified prior to their interment.

Kericho Criminal Investigation Officer Ethaiba Mwenda gave a firm denial when asked whether the police had been informed of the burial.

“The police were not notified of the intention to bury the bodies in Kericho,” Mr Mwenda stated.

His remarks come as a team of homicide detectives, led by Director Martin Nyaguto, intensifies investigations into the shocking discovery that has sparked public outrage and raised serious questions over inter-county handling of human remains.

The probe has already seen two key individuals arraigned—the public cemetery caretaker and a records officer from Nyamira County Referral Hospital—who have since been detained for 30 days pending investigations.

Authorities believe the bodies, which include adults, children and foetuses, originated from Nyamira County Referral Hospital before being transported and buried under unclear and controversial circumstances in Kericho.

Legal procedures

A community health officer in Kericho, Raymond Milgo, has shed light on the legal procedures governing the disposal of unclaimed bodies, pointing to possible violations in the current case.

Mr Milgo explained that if a body remains unclaimed in a morgue for six months or more, the law requires authorities to issue a 14-day public notice to allow relatives to come forward for identification.

“The notice is meant for members of the public whose kin may be missing and presumed dead, to give them an opportunity to identify the body,” he said.

He further noted that if no one claims the body within the notice period, a public health officer is required to seek a court order permitting disposal of the remains.

“If the body is still unclaimed, the public health officer moves to court to seek orders for disposal, mainly to prevent the body from becoming a public health concern,” Milgo added.

Crucially, he emphasised that once such a court order is obtained, the public health officer must notify the Court Users Committee—a multi-agency body that includes the police—about the intended disposal and burial site

Forensic experts, including pathologists, are preparing to undertake a complex,  multi-stage examination of bodies found in the mass grave.

Yesterday, Dr Richard Njoroge, the government pathologist, said the exercise will prioritise the dignified treatment of the deceased, identification of victims, and determination of the cause of death while navigating legally complex and emotionally charged situations.

The team is preparing to examine the bodies that were exhumed from the National Council of Churches of Kenya (NCCK) public cemetery on the outskirts of Kericho town—an exercise expected to test both technical capacity and emotional endurance.

The remains of the eight adults and 25 children have raised disturbing questions over their origin, handling, and the circumstances under which they were secretly buried.

Speaking before retreating into a closed-door meeting with Kericho’s Director of Medical Services, Dr Betty Langat, Njoroge emphasised the magnitude of the task ahead, noting that the process will go beyond routine post-mortems.

“We are here today to work on the logistics. We don’t know when the post-mortem will commence. The information will be released once we are ready,” he said.

Njoroge added that the team must first assess the mortuary’s capacity, equipment and preparedness to handle what he termed a “big exercise,” which will also involve DNA analysis and other specialised forensic procedures.

Sources close to the investigation indicate that the scale of the operation could strain local resources, with experts warning that identification of the bodies and determination of causes of death may take considerable time.

As the forensic team braces for the grim task, pressure is mounting from civil society groups, legal experts and members of the public demanding a full inquest into the chilling discovery.

Brenda Chepkoech of Voices For Justice, a Kericho-based community organisation, expressed alarm over the high number of exhumed bodies believed to be newborns and foetuses.

She called on Health Cabinet Secretary Aden Duale to order immediate investigations into Nyamira County Referral Hospital, where the bodies are suspected to have originated.

“We also want to know the fate of the mothers because child death is a serious issue,” she said.

Institute an inquest

Kericho-based lawyer Victor Tum has now formally called on the Office of the Director of Public Prosecutions to institute an inquest to uncover the truth behind the deaths.

“We want answers on who they are, what killed them and whether all their body organs are intact. This could be a case of body parts harvesting at Nyamira County Referral Hospital,” he said.

Tum further raised alarm over the recovery of dismembered human remains during the exhumation, terming it a key reason for urgent judicial inquiry.

“An inquest is necessary because four legs and two hands were exhumed from the grave, and no one knows who they belong to or where the rest of the body parts are,” he said

Tum also questioned the legality of the burials, citing the absence of documentation from the Kericho Public Health Office authorising the interment of the bodies, and alleged that the hurried burials violated basic human rights standards.

Vocal Africa Head of Rapid Response, Frederick Odhiambo Ojiro, alleged that some of the bodies bore hallmarks of torture and were dismembered.

“Some of the bodies had parts such as heads and limbs removed. There are clear hallmarks of torture,” said Ojiro.

He further claimed that the number of bodies buried at the site could be far higher than initially reported, alleging that the graves were dug and filled over a period of time.

“In one grave, there are 14 bodies; in another, there are seven bodies; and in yet another, there are up to 42 bodies,” he claimed.

The revelations have deepened fears among residents and leaders, who are now demanding urgent and transparent investigations into the matter. Questions continue to mount over the identities of the victims, the source of the bodies and those behind the alleged secret burials.

Ojiro noted that forensic analysis will be key in uncovering the truth, saying that identification of the bodies would only be possible after exhumation and scientific examination. “We will be able to establish who they are once samples are taken and the bodies are exhumed. That is when the truth will come out,” he said.

The NCCK, which owns the overgrown and unfenced cemetery, has distanced itself from the incident, stating it was not informed as required by protocol.

NCCK Kericho chairman, Reverend Andrew Tum, said the cemetery caretaker failed to notify the church about the burial.

“It seems that the person who has been taking care of the cemetery has been acting on his own without our knowledge. He has not been submitting any report to us,” said Rev Tum.

He explained that proper procedure requires that a burial certificate be presented before any interment is allowed at the cemetery, along with compliance with hospital and legal requirements.

“In cases involving unclaimed bodies to be buried in a mass grave, a court order must be obtained. Whether it is the government or a hospital, they must present court documents authorising the disposal of the bodies. In this case, that was not done,” he added.

Rev Tum further disclosed that NCCK had previously operated an office at the Kericho revenue offices, but it was closed due to rent arrears, possibly weakening oversight of the cemetery.