A Court in Kisumu has declined to grant a woman’s application seeking to bury his husband who died 11 months ago.
Siprosa Awino who got married to the late Silvanus Nyang’wara Mwanja in 1986 but divorced after five years had appealed a court ruling that allowed the second wife, Grace Were, to bury Nyang’wara.
In June this year, a court in Kisumu had allowed Were, a second wife, who had five children with Nyang’wara to bury her husband saying that she took care of him until he died in February at Life Care Hospital.
Awino who did not have any children with Nyang’wara in her appeal wanted the High Court to stop Were who got married in 1990 from burying him at his Sinoko home in Bungoma.
She argued that the second wife did not understand her husband’s wishes on where he should be buried adding that all witness in the case said that the first wife should be allowed to bury the husband.
Awino had asked the court to grant her application seeking to bury her husband body which was moved to Bungoma County Referral Hospital mortuary at the first wife's home in Nyalenda.
The second wife, however, told the court, according to Nation, that when her husband was diagnosed with cancer, the first wife never checked on him adding that his (husband's) mother and sister wanted him to be buried in Bungoma.
Kisumu High Court Judge Fred Ochieng dismissed the application by Awino and directed that he be buried at his second wife's home.
“In a nutshell, I find that the judgement rendered was properly served based on analysis on evidences. The appeal fails and is therefore dismissed.”
“I find the wish of the deceased to be buried in his home in Bungoma not contrary to the general laws or policies of Kenya and also applicable to persons who subscribe to the Luo customary law,” ruled Justice Ochieng as quoted by Nation.