WAS INTERRED IN CEMETERY

Boy's body in Dow Children's Home saga exhumed for reburial

Bomet county accused of burying remains that had been labelled as ‘exhibit’

In Summary

• This follows a consent entered into last week by family members, the county government and the prosecution at the High Court in Bomet.

• US-based activist Margaret Ruto had faulted the county for burying the remains of James Kipkirui and filed an application in court, accusing the county of tampering with evidence.

James Kipkirui's body is exhumed at Bomet cemetery on Friday,
James Kipkirui's body is exhumed at Bomet cemetery on Friday,
Image: Felix Kipkemoi

The family of a boy whose remains were first exhumed 22 months ago in Bomet county have finally arranged for burial.

James Kipkirui was buried without the family’s consent at Dow Children’s Home in Kapsiratet village, Boito, Konoin, nine years ago. His body was, therefore, exhumed in May 2019 and taken to Longisa County Referral Hospital mortuary. It was labelled as 'exhibit'.

However, following the outbreak of the coronavirus in Kenya last year, the county emptied the morgue and buried all unclaimed bodies in a mass grave, including Kipkirui's.

The body will now be buried for the third (hopefully the final) time at the family's Kapletundo home in Konoin this week following a consent entered into last week by family members, the county government and the prosecution at the High Court in Bomet. It was exhumed on Friday. 

The prosecution team, court and county officials, and family members witnessed the exhumation. Addressing the press at the cemetery, Daisy Korir, Kipkirui's mother, said she was happy to finally have her son's body for a decent sendoff. She said it had been a long journey in search of justice.

“It has been a long walk, but as a family and a mother, I am now happy,” she said.

Daisy, through US-based activist Margaret Ruto, had faulted the county for burying the remains of James Kipkirui and filed an application in court, accusing the county of tampering with an exhibit.

In her application, Ruto faulted the county for negligence, questioning the motive behind the interment.

“It is so unfortunate that such an incident can be allowed to happen…The county government knew that the body was labelled as claimed and, therefore, should not be disposed of until and when the case has been concluded,” she told the press moments after the court ruling.

The consent report was filed before Justice Roselyn Korir. It contained an agreement that if the court allows the exhumation, the body is taken back to Longisa mortuary but if it is unidentifiable, a DNA test is conducted at the county's expense before burial.

Gregory Hayes Dow, a Christian missionary in Kenya, was last month convicted and sentenced to serve 15 years and eight months in prison in the US. He had pleaded guilty to defiling underage girls in his custody at the children’s home.

The home was closed in 2017 by the government following complaints by the girls who were sexually abused by Dow.

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