THE GRAVES (REMOVAL) ACT

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CHAPTER 72
THE GRAVES (REMOVAL) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Power of Minister to cause removal of graves.
4. Notice of intention to remove graves.
5. Contents of notice.
6. Minister may authorise removal of graves.
7. Conditions of removal of graves.
8. Approval of places to which graves may be removed.
9. Compensation payable in certain cases.
10. Penalty for obstruction.
11. Minister may make regulations.

al of places to which graves may be removed.
9. Compensation payable in certain cases.
10. Penalty for obstruction.
11. Minister may make regulations.

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1. This Act may be cited as the Graves (Removal) Act. 2. In this Act, unless the context otherwise requires-
“cemetery” means any area or place appointed or set aside as
a cemetery by an appropriate authority under any written
law;
“dead body” means the human remains of a deceased person;
“grave” includes a burial vault, tomb, mausoleum or coffin and
any gravestone, tablet, inscription, monument or memorial
to the dead associated therewith;
“Minister” means the Minister responsible for lands;
“persons interested” means-
(a) in the case of a war grave, the Commonwealth War Graves
Commission; and
(b) in the case of any other grave, the relatives of the deceased
person whose dead body is buried therein;
“public purpose” means any of the purposes specified in
section 4 of the Land Acquisition Act;
“war grave” has the meaning ascribed to that term in the
War Graves Act. 3.

ns any of the purposes specified in
section 4 of the Land Acquisition Act;
“war grave” has the meaning ascribed to that term in the
War Graves Act. 3.

Subject to the provisions of this Act, where any land on
which a grave is situated is required for a public purpose the
Minister may cause such grave and any dead body buried
therein to be removed from the land and, in such case, shall
Short title
Interpretation
Cap. 118
Cap. 236
Power of Minister
to cause removal
of graves
CHAPTER 72
THE GRAVES (REMOVAL) ACT
An Act to provide for the removal of graves from land required for public
purposes. [28th March, 1969]
[GN. No. 8 of 1969]
Act No. 9 of 1969

OVAL) ACT
An Act to provide for the removal of graves from land required for public
purposes. [28th March, 1969]
[GN. No. 8 of 1969]
Act No. 9 of 1969

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THE GRAVES (REMOVAL) ACT [CAP. 72 R.E. 2023]
take all such steps as may be requisite or convenient for the re-
instatement of the grave and the re-interment of the dead body
in a place approved by him for the purpose. 4.–(1) Where the Minister is satisfied that any land on which a
grave is situated is required for a public purpose he shall before
causing a grave or dead body to be removed therefrom, give
notice of his intention to do so and every such notice shall-
(a) be served on persons interested as shall, after reasonable
enquiry, be known to him;
(b) where the land is or forms part of a cemetery
appropriated to the burial of members of a particular
religious community, be served on the controlling
body of the religious community concerned; and
(c) be published in Gazette as soon as may be practicable
after the Notice has been served.

controlling
body of the religious community concerned; and
(c) be published in Gazette as soon as may be practicable
after the Notice has been served.

(2) Notwithstanding the provisions of subsection (1), where
the President has certified that any land on which a grave is
situated is urgently required for a public purpose he may direct
that such notice of intention be dispensed with or be published
in such manner or served on such persons as he may specify. (3) A notice required by this section to be served on any
person shall be served either personally or shall be left at his
last usual place of abode or business, if any such place can after
reasonable enquiry be found, and in case that person is absent
from the United Republic or if that person or his last usual
place of abode or business after reasonable enquiry cannot be
found, such notice shall be affixed upon some conspicuous
part of the land in respect of which the notice is given. (4) Where a notice under this section has been published in
the Gazette the removal of a grave or a dead body buried therein
from the land in respect of which the notice is given shall not
be invalid by reason only of any irregularity in the service of
the notice or by reason of it having been published prior to its
service on the persons required to be served therewith.

rregularity in the service of
the notice or by reason of it having been published prior to its
service on the persons required to be served therewith.

Notice of
intention to
remove graves

Notice of
intention to
remove graves

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254
5.–(1) Every notice under section 4 shall include-
(a) a description of the land from which it is intended to
remove the grave or dead body;
(b) an address at which particulars of the graves and dead
bodies may be inspected;
(c) the name or description of the cemetery or burial ground
where it is proposed to re-inter such dead bodies and
the manner in which it is proposed to re-instate such
graves or any parts thereof; and
(d) a statement as to the right of a person interested-
(i) to lodge with the Minister an objection in writing
to the intention or any proposal contained in the
notice within such period as may be specified,
being not less than twenty-one days from the date
of publication of the notice in the Gazette; and
(ii) to notify the Minister in writing that the person
interested will, subject to the approval of the
Minister, himself undertake the removal of a grave
or dead body within two months from the date of
publication of the notice in the Gazette.

al of the
Minister, himself undertake the removal of a grave
or dead body within two months from the date of
publication of the notice in the Gazette.

(2) Where any of the particulars specified in paragraph (b) of
subsection (1) cannot, after reasonable enquiry, be ascertained,
it shall be sufficient if such details are given in the notice as
would enable the graves to be identified. 6.–(1) At the expiration of such period as is specified in a notice
under section 4 or on compliance with the terms of a direction
under subsection (2) of section 4, and after considering any
objections which may have been lodged with him, the Minister
may authorise any person to enter upon the land to which the
notice or direction relates and to undertake the removal of any
grave situated or dead body buried therein. (2) Subject to the provisions of section 7, all persons either
generally or specially authorised in this behalf by the Minister
under this section shall be entitled to do all such acts and things
as may be necessary or requisite for the removal, transportation
and re-instatement or re-interment of a grave or dead body. Contents of notice
Minister may
authorise removal
of graves

or the removal, transportation
and re-instatement or re-interment of a grave or dead body. Contents of notice
Minister may
authorise removal
of graves

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THE GRAVES (REMOVAL) ACT [CAP. 72 R.E. 2023]
(3) For the avoidance of doubt it is declared that, for the
purposes of the provisions of section 127 and section 128 of
the Penal Code, the persons referred to in subsection (2)-
(a) shall not be deemed to commit a trespass in any place
of worship or in any place of sepulture or in any place
set apart for the performance of funeral rites or as a
depository for the remains of the dead; and
(b) shall be deemed to have lawful authority to disinter the
dead body of a person.

funeral rites or as a
depository for the remains of the dead; and
(b) shall be deemed to have lawful authority to disinter the
dead body of a person.

7.–(1) The removal, transportation and re-instatement or re-
interment of a grave or dead body authorised under this Act
shall be undertaken-
(a) as far as is possible, with due regard to the views of the
persons interested and the religious susceptibilities of
the members of the religious community to which the
person belonged whose grave or dead body it is;
(b) with due solemnity and respectful treatment of the dead;
(c) so far as is practicable, without unnecessary damage to
the grave and the dead body;
(d) so that a dead body which is disinterred is transported
and re-interred without undue delay;
(e) under such conditions of privacy as ensures that no
dead body is exposed to public view;
(f) in a manner which is not injurious to public health; and
(g) in accordance with such directions as may be given by
a public officer appointed by the Minister to supervise
the undertaking.

public health; and
(g) in accordance with such directions as may be given by
a public officer appointed by the Minister to supervise
the undertaking.

(2) The Minister shall appoint a public officer to supervise
the undertaking referred to in subsection (1) and the public officer
may, in addition to any other powers which may be conferred
upon him by or under this Act-
(a) permit the removal and re-interment of a dead body to
be accompanied by such religious rites or ceremonies
as are appropriate to the religious community to which
the person belonged whose dead body is removed; and
Cap. 16
Conditions of
removal of graves

ies
as are appropriate to the religious community to which
the person belonged whose dead body is removed; and
Cap. 16
Conditions of
removal of graves

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256
(b) direct that a dead body which is disinterred shall,
instead of being re-interred, be cremated in the manner
customary among the members of the religious
community to which the person belonged whose dead
body is removed. (3) Direction under paragraph (b) of subsection (2) shall
not be given except on an application in that behalf made by
the persons interested or, in the absence of such persons, the
controlling body of the religious community concerned. 8.–(1) The Minister may approve places to which graves or
dead bodies may be removed under this Act and where he
proposes to approve a cemetery as such a place he shall, before
approving the cemetery, consult the authority which appointed
or set aside the area as a cemetery as to its suitability for that
purpose.

hall, before
approving the cemetery, consult the authority which appointed
or set aside the area as a cemetery as to its suitability for that
purpose.

(2) Notwithstanding any other written law, where the Minister
has approved a place for the purposes of subsection (1) no
permission or approval of an authority referred to in that
subsection and no permit of any other person shall be required
for the re-interment of a dead body in such place in accordance
with the provisions of this Act. 9.–(1) Where the removal of a grave or dead body is undertaken
by a person interested, the Minister may, on behalf of the
Government, pay in respect thereof, out of moneys provided
for the purpose by Parliament, such compensation as may be
agreed upon or determined in accordance with the provisions
of this section. (2) The compensation payable under this section shall be
limited to the reasonable expenses incurred in the removal,
transportation, reinstatement and re-interment of the grave
or dead body and any placatory or expiatory rites or other
ceremony accompanying such removal and re-interment. (3) A claim for compensation may be made by a person
interested where he has duly notified the Minister that he
Approval of
places to which
graves may be
removed
Compensation
payable in certain
cases

son
interested where he has duly notified the Minister that he
Approval of
places to which
graves may be
removed
Compensation
payable in certain
cases

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THE GRAVES (REMOVAL) ACT [CAP. 72 R.E. 2023]
himself would undertake the removal of the grave or dead
body and the undertaking has been approved by the Minister
and carried out in accordance with the provisions of this Act
and any directions given thereunder. (4) Every claim for compensation shall be submitted in
writing by the person interested, to the public officer appointed
under subsection (2) of section 7 who may, after requiring the
production of any evidence in support thereof or otherwise
satisfying himself that such claim is reasonable, agree to the
claim. (5) Where any dispute or disagreement arises as to the right of
any person to claim compensation, the amount of compensation
or the apportionment of compensation between the persons
entitled where there is more than one person interested, the
dispute or disagreement shall be determined by the Minister
whose decision shall be final and conclusive. 10.

is more than one person interested, the
dispute or disagreement shall be determined by the Minister
whose decision shall be final and conclusive. 10.

A person who wilfully hinders or obstructs any person
duly authorised by the Minister from entering upon any land
in pursuance of the provisions of this Act or exercising any of
the rights or powers conferred by section 6, or who molests,
hinders or obstructs any person carrying out any of the duties
imposed upon him by or under this Act, commits an offence
and on conviction shall be liable to a fine not exceeding four
thousand shillings or to imprisonment for a term not exceeding
two years or to both. 11.–(1) The Minister may make regulations for the better
carrying out of the purposes of this Act and, without prejudice
to the generality of the foregoing, may make regulations-
(a) prescribing forms of notices, objections, applications
and claims to be given or made under this Act;
(b) providing for the approval of places to which graves and
dead bodies may be removed pursuant to the provisions
of this Act and for the upkeep and maintenance of such
places;
Penalty for
obstruction
Minister may
make regulations

emoved pursuant to the provisions
of this Act and for the upkeep and maintenance of such
places;
Penalty for
obstruction
Minister may
make regulations

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258
(c) in relation to any matter provided for in subsection (1)
of section 7; and
(d) prescribing the powers and duties of a public officer
appointed under subsection (2) of section 7.
(2) There may be annexed to the contravention of any
regulation made under subsection (1) a penalty of a fine not
exceeding two thousand shillings or imprisonment for a term
of one year or to both.