A row pitting former Assistant Minister Archbishop Stephen Odiek's widow Cocelia Ondiek and the family of the late Beatrice Apondi has taken a fresh twist after Ms Ondiek's application was thrown out.
Ms Ondiek had moved to the High Court in Siaya seeking orders to exhume the body of Ms Apondi who was buried in West Ugenya at night, some two months ago.
Despite her argument that the deceased was illegally buried in her land, the kin of Apondi argue that she was married to Solomon Ondiek, Ms Ondiek's stepson who lives abroad.
Ms Ondiek wanted the court to allow her to exhume the body on grounds that the deceased was not legally married to her stepson and is therefore illegally buried there.
However, Justice Joslyn Aburili on Wednesday threw the case out directing that it be presented to the lower magistrate's court.
She further cautioned that it will cause more misery to Ms Ondiek in the instance that he loses the case.
"A lot of issues raised in this case can only be determined by the magistrate's court; for example, whether the deceased was truly married to Ms Ondiek's stepson," the judge was quoted by the Standard.
She argued that the body is better left in the land until the case is heard and determined.
But the applicant argued that the deceased was married to another man and should be buried at her husband's home as per the Luo customs.
"That will be a double tragedy. Justice will be served better if we allow the body to stay in that land as the case continues. It will be unfair because should the case at the trial magistrate court favour them, they will have to bury the late Beatrice in the same land," ruled the judge.
She also noted that the applicant did not tell the court how the body being buried in the land is affecting her.