Kisii politician Naphtali Ontweka who has been lying in the morgue for close of 9 months will now be buried in his Kamulu home and not his ancestral home in Kisii.
This is after the court of appeal ruled in favour of his widow who has been in court fighting with her late husband’s brothers on where to bury him.
Zipporrah Masese Ondieki and her brothers-in-law were each fighting for the right to bury the late politician, the wife wanted to bury him in their matrimonial home in Kamulu Machakos while the brothers wanted him buried in Kisii.
In their ruling, the judges said Ontweka who died in April last year should be buried in his Kamulu home according to the Kisii customary laws and the brothers are free to participate in the burial.
“For the avoidance of doubt, the body of the deceased shall be released to Zipporah Masese Ondieki, the respondent. The appellants are at liberty to attend burial and perform the Gusii customary rites,” the court ruled.
In the case, Zipporah moved to court after her a dispute with her in-laws on where to bury Ontweka leading to a 9-month court battle that went all the way to the Court of Appeal.
In the ruling, Justice Gachoka, JA noted that Ontweka’s home in Kamulu which was the matrimonial home and another in Kisii saying both had two doors. However, his Kisii home was in a bad state and he had no intention of living in that house.
“Similarly, it was also established that the house in the Kamulu was the deceased matrimonial home where his relatives visited for celebratory events with the deceased before his death,” the court ruled.
Justice Gachoka also noted that burial disputes are every emotive and judges and magistrates should be sensitive to the mental and physical health of the parties in the disputes.
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