Two families battle for woman’s body in court

Two families are embroiled in a court battle on who has the right to bury the body of a lecturer.

Beatrice Nyongesa died on March 15 while undergoing cancer treatment at the Nairobi Women’s Hospital.

Ms Nyongesa was a lecturer at the Kitale National Polytechnic.

Her family and that of her estranged husband rushed to court after they failed to agree on who should bury the body.

Sylvester Wabusya, Nyongesa’s brother, claimed her in-laws had no right to claim the body as she had left her matrimonial home 17 years ago.

“Her husband, James Matele Weindaba, a retired Kenya Agricultural and Livestock Research Organisation chief finance officer, separated with my sister and we should be allowed to accord her a befitting send off,” he said.

Bukusu culture

Besides, Mr Wabusya argued that Mr Weindaba did not pay dowry for his sister.

“He paid four cows, a sheep, and Sh1,000, which in our culture was considered to be a gift to our family for the three children he had with our late sister,” he said.

But Weindaba claimed he paid the dowry in full. “Apart from the four cows I paid as dowry, I added my wife’s family Sh100,000 and eight head of cattle and as such the question of reneging on dowry should not arise.” His wife’s family, however, denies the claims.

According to Wabusya, his brother-in-law abdicated his parental role and left his children’s maternal uncles to bring them up his children and pay their fees up to university.

Wabusya further alleged that Weindaba paid dowry for his other 10 wives, but not for his sister.

Weindaba defended himself: “It is not true that I am married to 10 more wives. However, I have sired 19 children with 10 different women.”

Nelson Simanya Wabusya, 85, an uncle of Nyongesa, claimed his niece was thrown out of her matrimonial home by her husband’s family.

“I remember them loading her belongings on a truck and escorting her all the way to Naitiri in Tongaren constituency in 2001, when she was not getting along with the husband,” he said.

“That heinous and shameful act of ejecting my niece from her matrimonial home meant she was not welcome there. They should be the last people to claim her body,” said Mr Simanya.

The couple lived together for only three years and got three children, now aged 23 and twins aged 21.

Trouble begun last week when Nyongesa’s family obtained orders, barring her estranged husband from viewing the body at Chiromo Mortuary.

Mr Weindaba went to court and was given the green light not only to view the body, but to collect it for burial by Nairobi Senior Resident Magistrate Anne Makau.

“I find that the plaintiff is legally married to the deceased. There is proof they had married, and that he paid dowry for her in spite of their separation. The marriage had not been dissolved through customary means or in a court of law,” ruled Ms Makau.

She added: “That the plaintiff pay mortuary fees and ensure that the deceased is given a decent burial. That the body of Beatrice Wabusya Nyongesa being held at the University of Nairobi, Chiromo funeral parlour, be released to the plaintiff for interment,” read the order dated May 2 this year.

Nyongesa’s family obtained another order from the High Court restraining her estranged husband from burying her body.

Picked up body

Judge Abida Ali Aroni issued the orders dated May 4. She ordered that the body remain at Chiromo mortuary until the case was heard and determined.

Justice Aroni also restrained Weindaba from burying the body and ordered the officer commanding Matete Police Station to enforce the order.

However, Weindaba picked up the body from the mortuary for burial at Mabuye village in Kakamega County.

According to a neighbour, who sought anonymity, Weindaba assembled family members and friends and buried the deceased at 6.30pm last Friday.

A process server, added the neighbour, arrived at the home around 6.45pm after burial.

The couple’s three children did not attend the burial.

Weindaba explained that he buried his wife in the evening in accordance with Kabras Luhya sub-clan traditions.

“Since my wife gave birth to twins, it was only proper that we bury her in the evening in accordance with our beliefs,” he said.

However, an elder from the clan said only those who died from an accident, suicide, or murder should be interred at such a time.