A Nairobi Court has made a landmark ruling and allowed the second wife to burry her husband after lawyer Danstan Omari interventions.
This comes after the two families fought in court on where to bury Mr. Silas Kamuta Igweta, who died aged 100 years ago and he is yet to be burried.
The court had directed that the body be released to the second family for burial at Lairangi Mumui area in Meru County and that the orders be served upon Meru OCD to ensure its compliance.
However, the first family asked the court to stay its decision so as to appeal hence delaying the burial abit.
In the case, Grace Rigiri, the man’s first wife, moved to court and obtained orders stopping the burial, saying that she was married to the late and he should be buried at her home in Embu County.
Similarly the second family through the wife Sarah Kathambi through lawyer Danstan Omari 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.
According to Omari, she was married to the late and he should be buried at her home in Embu County.
“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 told the court.
While addressing the media, the second family through its Lawyer Danstan Omari urged the first family to accept the court’s decision and come together so as to give their late father a decent send off.