High Court sitting in Kisii has handed a prison warder a major victory following a protracted family tussle that saw a woman's body lie in mortuary for one year.

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Ms Beatrice Cheluget had sued his son-in-law  Jonathan Gwako when the latter was busy planning for the burial of his wife, Lydiah Chepng'eno, another prison warder.

Although the couple had two children, affidavits sworn by Ms. Cheluget indicates that her daughter and Gwako were not married legally.

Even with the couple having two children in their relationship that lasted from 2011, the mother-in-law insisted that Gwako should not be allowed to bury the woman.

In replying affidavit, Gwako insisted that the two were not cohabiting adding that their nature of work made them live separately.

For one year now, Chepng'eno's lifeless body has been lying in Kisii Teaching and Referral Hospital.

And the court on Monday granted Gwako leave to bury his wife of wife years amid family wrangles.

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