Retrieving body for investigation purposes 

Our aunt was brutally killed and buried about a year ago, and now the authorities have approached us to take her body for further investigation about her death. As a family, we are really distressed because this has already been a very painful loss for us, and the idea of digging up her grave feels like it is reopening old wounds and resuscitating all the pain we are still trying to live with. We are therefore not in agreement with the request and would prefer that the grave is left undisturbed. We kindly seek your legal guidance on our position in this situation.

TM, Arusha

We sympathize with your family for the painful loss of your aunt and understand your concerns regarding the order of retrieving her body. However, where a death remains under investigation, the law permits the authorities to access the body even after burial where this is necessary to establish the circumstances of death. Under Section 9 of the Inquests Act, a Coroner or the Court may authorise exhumation for investigative purposes.

Once such an order is issued, the family’s consent is not required for the exhumation to proceed. The process is carried out under official supervision to ensure it is done lawfully, respectfully, and strictly within the scope of the investigation. Importantly, the law further provides that the costs and expenses of both exhumation and reinternment are borne by the government.