The second wife of a 92 year old Meru man at the centre of a burial dispute has secures orders stopping burial of her late husband by the first wife who he deserted 40 years.
Sarah Kathambi moved to the court of appeal after the high court allowed the first wife Grace Rigiri to bury their husband by overturning the lower courts decision that allowed Kathambi to bury the late Silas Igweta.
The court of appeal issued a stay of the burial arrangements which were in top gear as he was expected to be buried this weekend at his first wife’s home.
The late Igweta burial has been suspended pending the court ruling on July 26.
Kathambi has told court that her late husband left Rigiri over 40 years ago and has never returned there.
Through lawyer Danstan Omari, Kathambi and her children say he should be buried at their home and not the first wife’s home.
Omari argues that his clients have spent over Sh 5.8 M on their late father during his sickness but the other family did not offer any support only to appear after his death.
“It is strange that the first family claim to have had a close proximity with the deceased yet they never catered for his needs including but not limited to medical bills which burdened the deceased’s second family alone,” reads court documents.
Omari has also argued that the marriage between the first wife and the deceased ended upon death just like the vows prescribe that ‘until death do us part’.
