The High Court in Kakamega has finally given a man the go-ahead to bury his wife after a battle with his children.
The father had disagreed with his two children on where the woman would be buried after her demise, leading to an 8-month legal tussle.
The children, Meshack Bulinda and Evelyne Inganji moved to court to sue their father Stephen Ingati who demanded to bury Geraldine Khatiala whom he divorced in 1992.
But in his judgment, Kakamega Chief Magistrate Justice Bildad Ochieng’ concluded that the evidence tabled by the plaintiff was not sufficient to sway the judgment to the duo's favor.
Though the duo which represented their 7 siblings claimed that their mother had directed to be buried at her matrimonial land in Lukusi and not her ancestral land as the husband demanded, the judge ruled that it is the responsibility of the husband and not the kids to bury the deceased.
“In the upshot of the analysis, I am satisfied by the defendant’s assertions that under the Isukha customs the ultimate decision, duty and obligation to bury remains of a wife is solely the responsibility of the surviving husband and not the children. The defendant is at liberty to proceed with burial arrangements,’’ he is quoted by the Standard.
Ms Khatiala died on December 28 while receiving treatment at the Moi Teaching and Refferal Hospital where her body is being preserved.