An interesting burial dispute has been filed before a Milimani law court as father sues his four sons who have blocked him from his wife’s burial plans.
The sons want to bury their mother at their maternal home in Bunyore while their dad wants to bury her in Igunga Sabatia at their matrimonial home.
James Mudaki has sued his sons Benard Mudaki, Collins Mudaki, Eliud Mudaki and Derrick Mudaki seeking for the court to block them from burying their mother until the case is heard and determined.
“Pending heating and determination of the case, a temporary injunction be issued restraining his four sons from accessing the body of his wife Miriam Mudaki or removing it from Montezuma or interring her remains,” reads court documents.
In his court documents, Senior Mudaki says he has been her husband for over 40 years and was the one with her when she fell ill further stating that she was staying at his house in New Ngara Flats while he was staying in the village in western Kenya.
Mudaki says he married his late wife and the marriage certificate is in his matrimonial house in Ngara but his sons have denied him access to the house.
“The deceased and I established our homestead at Igunga, West Maragoli and another matrimonial home at New Ngara Flats. I have in most cases lived in the rural home while the deceased has mostly been in Nairobi,” reads court papers.
Mudaki claims that his sons have denied him access to any documentation in the matrimonial house thus he can’t get the marriage certificate.
He says there is a dispute as to who should bury the deceased between him and his sons.
He argues that his sons plan to remove the body of the mother and bury her at their maternal grandparents home in Bunyore without his participation.
However, Mudaki says customarily his wife should be buried at her matrimonial home in Igunga.
He says this move by his sons has caused him irreparable loss and emotional distress as it will deny him his right to bury his wife and pay his last respects to her
Mudaki says he has no objection to his son’s participating in the burial of their mother but it should be in their matrimonial home at Igunga.
He also claims that they excluded his name and that of his family members when they put the obituary in the local daily.
