Three individuals have been charged in connection with alleged unauthorised burials at the NCCK Makaburini Cemetery in Kericho County, in a case that has raised concerns over compliance with public health and legal procedures in the handling of the dead.
The accused — David Araka Makori, a public health officer at Nyamira Teaching and Referral Hospital; Richard Towet, also known as Ezekiel, a caretaker at the cemetery; and Jason Machora Nyarbi — appeared before Thomas Obutu at the Kericho Law Courts, where they pleaded not guilty to 38 counts linked to the alleged offences.
According to the Office of the Director of Public Prosecutions (DPP), the charges include burial of deceased persons without a valid permit, making documents without authority, stealing by servant, providing false information to a public officer and conspiracy to commit a felony.
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Prosecutors told the court that on March 20, 2026, at the NCCK Makaburini Cemetery located within Kericho East Sub-county, the three accused persons allegedly coordinated the burial of multiple bodies without obtaining the legally required permits.
“It is alleged that the accused jointly facilitated the interment of several bodies without valid burial documentation, in contravention of public health and legal requirements,” the prosecution stated in court filings.
The court also heard allegations that the trio forged a court order to enable the burials, a move prosecutors say was intended to circumvent official authorisation procedures.
In addition, the accused are alleged to have misappropriated funds entrusted to them in the course of their duties and provided false information to a judicial officer to secure approval.
“The accused persons are further alleged to have forged a court order to facilitate the unlawful burials and provided false information to procure authorization,” the prosecution added.
The case is being led by state prosecutor David Fedha, who outlined the gravity of the charges and indicated that investigations had uncovered a coordinated scheme involving multiple illegal acts.
Appearing before the court, the three denied all the charges and were formally entered pleas of not guilty on all 38 counts.
The allegations have drawn attention to oversight mechanisms in cemetery management and the enforcement of burial regulations, which are designed to safeguard public health and ensure proper documentation of deaths.
Under Kenyan law, burial permits are mandatory to confirm that deaths have been duly registered and that there are no legal or medical concerns surrounding the deceased.
Failure to comply with these requirements can attract serious criminal penalties.
The court is expected to issue directions on bail and set hearing dates as the matter proceeds to trial.
If convicted, the accused could face significant penalties given the number and nature of charges brought against them, particularly those related to forgery, conspiracy and abuse of public office.
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