A battle has ensued between two parties demanding to be given the body of Deputy President William Ruto's deceased pilot Mario Magonga.
The body of Magonga who died in a crash in Turkana in March is lying at the Lee Funeral Home, but as it has emerged, the government pathologist has refused to hand over the body to his mother Melania Magonga for its burial set for Saturday.
In a petition to the High Court through her lawyer Sammy Waweru, the mother says that Government Pathologist Johansen Oduor and the morgue management has refused to release the body.
Mrs Magonga argued that they have also refused to issue her with a burial permit, claiming another person has also applied for the same.
“Government Pathologist Johansen Oduor and the operations manager of Lee Funeral Services Ltd Mr Paul J K J Van Brussel contacted counsel on record to inform him that there would be no such burial permit issued to me,” she said, according to the SDE.
Also at the middle of the matter is an estate owned by the deceased, which the family now says that his partner Joy Mwangi is attempting to take over.
In the case filed before High Court Judge Lydia Achode, Melania wants the court to compel Mwangi to release all documents in her possession, which she says are relating to her son's wealth.
“After the news of the death of Captain Marouis (Mario) Magonga, the partner Joy Mwangi confiscated and hid all the documents in relation to the estate of the deceased. The partner to the deceased has refused entry of the applicant, who was a primary beneficiary of the estate, therefore leaving her in the cold and without any benefits," reads the court papers.
The departed is said to have moved in with Mwangi after parting ways with his wife Harriet Nakoye, with whom he had three kids, two daughters and a son.
The hearing of the case has been set for Monday, next week.