A court in Kisumu County on Wednesday ruled in favour of a second wife who is involved in a wrangle with her co-wife over who should bury their deceased husband.

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Mr Sylvanus Nyang'wara Mwanja died at the Life Care Hospital on February 2, 2019, leaving his two wives Ms Grace Were and Siprosa Awino fighting for the burial rights.

Kisumu Resident Magistrate Wilfrida Kemunto ruled in favour of Ms Were, on grounds that she took care of the deceased until his death while Awino was absent.

The court heard that Awino, the first wife, had been separated from the deceased for 28 years, only to appear at the last minute seeking to take the body with her.

The court heard that she on February 14 moved the body to the Bungoma Referral Hospital Mortuary before moving to court seeking orders to bury him.

The judge relied on Mr Nyang'wara's early wish to be buried at his Sinoko home to hand over the body to the second wife who welcomed the ruling.

“Finally justice has taken its course, the ruling was fair, it’s a matter of time before I bury my husband,” said Were as quoted by the Nation.

The first wife has however vowed to appeal the ruling.

“The ruling is unfair, being the first wife, I have to bury my husband as Luo customs demand,” said Ms Awino.

The court heard that Awino married the deceased in 1986 before separating five years later. He proceeded to marry Were in 1990.