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A Nairobi court is set to decide on Wednesday whether the burial of the late Silas Kamuta Igweta, which was suspended, will proceed as planned. The burial was halted on February 22, 2024, by Milimani Commercial Magistrate G. Gitonga, following an application filed by his wife, Grace Rigiri.
Two daughters of a woman reportedly in a relationship with the deceased have petitioned the court to lift the suspension. Represented by city-based lawyer Danastan Omari, Purity Kinya and Miriam Makena argue that their mother, Sarah Kathambi, cared for the deceased until his passing and thus should have the right to bury him.
According to Omari, serious questions have been raised about allowing one clan to bury a man they haven’t seen for 40 years. He alleges that the deceased’s close relationship with his reported second wife acted as a de facto divorce.
Purity Kinya, daughter of the second wife, claims that Rigiri and her father had been separated for 40 years due to mistreatment. She asserts that her father’s second wife has the closest familial bond and should be entitled to arrange his burial.
Contrarily, Grace Rigiri insists that she is the legal wife of the deceased and suspects foul play in his death. Rigiri seeks to prevent Kathambi from removing the body from Umash Funeral Home, pending further legal proceedings. She also requests a post-mortem examination to determine the cause of death.
The court is expected to deliver its ruling on Wednesday, shedding light on a contentious family dispute over the burial rights of the deceased.