The protracted and highly contested burial dispute involving the late Mzee Mburu Kinani the adoptive father of Kiambu County Deputy Governor Rosemary Kirika has finally been resolved. The Milimani Law Courts in Nairobi have ruled that Mzee Mburu’s body will be laid to rest at his ancestral home in Gatanga, Murang’a County, beside the grave of his first wife.
Mzee Mburu passed away on November 20, 2024, at the age of 92. Despite his status as the family patriarch, his death sparked a deep rift among his relatives over his final resting place and the rightful next of kin to conduct the burial rites.
The disagreement led to a legal dispute between the children of his two wives. Represented by lawyers Danstan Omari and Kinyanjui, three daughters from Mburu’s first marriage filed a suit seeking recognition of their right to participate in the burial arrangements and requested the court to authorize their father’s burial in Gatanga.
The daughters, born in the 1950s to the late Wanjiru Mburu, stated that their parents had established their matrimonial home in Gatanga, where their mother is also buried.
However, opposition came from the children of Mburu’s second wife, Magdaline Mburu, who argued that the family home was in Gilgil, where Magdaline was buried.
Magistrate Gerhard Gitonga, while delivering his ruling, said he had thoroughly considered the evidence and relevant law. He acknowledged the emotional and procedural complexity of the case, noting that the body had remained in a mortuary for over seven months while the dispute was litigated.
” The fact that the court had to hear 21 witnesses some outside the jurisdiction of the court, amplified the difficulties that were faced.” remarked Magistrate Gitonga.
Citing Justice Mwaniki Gachoka, the magistrate reflected on the inherent complexity of burial disputes:
“… despite no one having personal experience with death, we all know that one day we will all meet our end at some point. But how and by whom our corporeal remains will be disposed remains unknown to us. In Christian theology, we are told that Jesus of Nazareth predicted his death, but he did not at any point prophesy that Joseph of Arimathea would inter his body at Golgotha. Fortunately, no burial dispute ensued.” Quoted the Magistrate.
Magistrate Gitonga acknowledged that his decision might not please all family members but emphasized that the court’s goal was not to deepen divisions, but rather to uphold justice as guided by Article 45 of the Constitution.
During the proceedings, the three daughters testified that they were the biological children of Mburu and his first wife. Wairimu Mburu recounted that in 1983, Mburu brought Magdaline Waithira Mburu into the household as his second wife, along with her nine children.
The court rejected the reliability of a video allegedly showing Mzee Mburu stating his burial preferences, finding it inconclusive.
“It cannot be denied that deceased grew up in Gatanga, married his first wife and raised his children in Gatanga. It also in Gatanga that he married his second wife Magdalene around 1993 which marriage was solemnized later in his twilight life.” said the Magistrate.
He also noted there was no evidence that Mburu ever divorced his first wife or abandoned Kikuyu customs.
“The deceased Mburu Kinani was born a Kikuyu, both of his wives were Kikuyus, all the children involved in this dispute are Kikuyus. It is inconceivable that at the age of 92 years the deceased can be said to have to discarded the Kikuyu customs and culture in favour of total Christianity.” Said Magistrate Gitonga.
Consequently, the court ruled in favor of the daughters and ordered that Mzee Mburu Kinani be buried in Gatanga, Murang’a County, beside his first wife’s grave, in accordance with Agikuyu customs.
