A man's legal tussle to bury his late estranged wife has hit a snag after a court on Tuesday ruled against him.
The man who was only identified as JMK had sought legal redress to give his partner who they had a Kamba customary marriage with a befitting sendoff.
The man claimed that he had not divorced but had just separated with the wife since she had returned his dowry and 'mbui ya ulee' as it was to be according to the customs.
The ruling made 10 months after the death of the woman by Justice Hedwig Ong’udi, dismissed the allegations since the man had failed to avail himself to officially end the marriage and hence the woman was justified to have left the 'mbui ya ulee' where she left it.
The court ruled that a woman identified as JNM had divorced her partner by taking a piece of a cloth referred to as 'mbui ya ulee' and tying it outside the home since the separation had been bitter.
Justice Hedwig Ong’udi declared that the complainant had no right to bury the deceased because divorce had been initiated through this means.
Justice Ong’udi said that the man no longer has the right to demand the released of the body of the late partner yet he never made an effort to restore their love during a period of ten years after they parted ways.
“He did not make any effort to reconcile with her when they separated and for the whole time that she was with her new husband. It, therefore, beats logic that he is putting up such a spirited fight to bury her,” ruled Ong’udi.
The body of the deceased has been in the morgue since the month of February as the families engaged in legal issues. The man and his son had obtained orders to stop the burial of the man.