The first family is opposed to a decision to bury the man at the second family’s home.
Grace Rigiri, the man’s first wife, moved to court and obtained orders stopping the burial.
However the second family through the wife Sarah Kathambi says that the late separated with the first wife over 40 years ago and therefore she has no rights to say that they were living together as husband and wife.
“For 40 years, the deceased’s message was loud and clear that he had no business, relationship with the 1st Applicant nor was he intending to go back. Just like the biblical term of 40 years when the Israelites were in the wilderness, the deceased cannot be taken back to where he left, he has reached his Canaan where he wants to be buried and therefore we seek to have his wishes respected,” Kathambi submits.
In an affidavit, the second family has denied allegations that their mother coerced their late father to move out of the first wife‘s home to an undisclosed area.
It is the second family argument that divorce occurred upon his death and therefore, the Certificate of Marriage held by the wife was for the purpose of the living adding that it does not serve the purpose of the death.
’’The implication of this is that a widow has no right at all to bury the deceased, only spouses have a right, and because law as it is, the deceased is no longer chained in the chains of marriage, he has been set free and he has written a will to deal with himself when he is dead,” reads court papers.
Through lawyer Danstan Omari, the second family claims that they have spent over Ksh.5 million treating the late mzee, and the first family never contributed to anything during his sickness
“My father left a will which he had indicated that he wanted to be buried at Lairang’i Mumui and so we agreed to have the will read the following day,” reads an affidavit by one of the second wife’s children.
Court directed that the matter be heard on Wednesday.