Businessman Anverali Nazerali's widow Kiran Nazerali said in a replying affidavit the investigations asked for in the application were prompted by the deceased's brother.

She insisted the estranged brother has been questioning the circumstances that led to his brother's death and wondered why the report is not reproduced in his application despite demanding for the exhumation and autopsy to be carried out on the deceased's body.

"To make matters worse my in-law has not been good books with my late husband to the extent they did see eye to eye due to a dispute when the family company was transferred to the deceased," she pointed out.  

Kiran confirmed in her replying affidavit that  the relationship between her late husband and his estranged brother had been hostile.

 She was replying in an affidavit against the matter before Mombasa Senior Resident Magistrate Vincent Adet through her counsel Mohamed Balala, arguing that the application was an abuse of court process.  

The widow claimed she has been traumatized by the events after the death of her husband.  

Kiran said in her replying affidavit in court that her in-law never allowed her to grieve the death of her beloved husband peacefully like other widows as required by law.

The late businessman's widow and her daughter Mahek Fatima said the application is based on malice and was against their wish.   

Kiran argued in her replying affidavit before the court that the application was an abuse of court process.  

She pointed out there is malice in the application before the court arguing neither the children nor she suspected foul play in his death.

"We believe the application has an ill intent and we are opposed to the exhumation of the deceased's remains," she pointed out.

The widow said the move by her in-law is due to suspicon of foul play in the death of the deceased and demanding for a post-mortem to be carried out to establish the cause of death.

Kiran further said the application by her in-law is driven by malice and is filled with blatant lies and urged the court to dismiss it with costs.

She argued in her affidavit the request to exhume the body is radical and an extreme step.

"If the application to exhume the body is successful it will be against the belief of their religion and our customs," she pointed out.

The  widow argued that it’s the wish of the family that the body of the deceased remains undisturbed so that he retains his dignity even in death

Kiran said  according to a medical report and death certificate her husband died from kidney failure and not as alleged by her in-law.

"The circumstances being questioned are ambiguous at best as the cause leading to his death are clear," she pointed out.