A secondary school deputy principal will be buried at his ancestral home, ending a conflict between two women.
A Sotik court on Wednesday ruled that Simion Kabwebwe Ngetich will be buried at his Manaret home because it is a neutral place where the two feuding families can access.
But Senior Principal Magistrate Evans Muleka gave Eveline Chepkemoi full burial rights because the petitioner, Magdalene Chebet, had failed to prove her marriage to the former Tengecha Boys High School teacher.
"I find that Chebet has failed to prove that she was the first wife of the deceased and therefore she has no right to choose or decide how the deceased's remains are to be interred,'' Muleka ruled.
Chebet moved to court to stop the burial after Ngetich died at the Tenwek Mission Hospital in December, last year.
She claimed to be the first wife, and that they lived together with their two children in Yaganek, where he should be buried.
But Chepkemoi challenged the petition, saying she was the legally married wife and therefore deserved to bury him.
Children's interests
The court ruled that Chebet was at liberty to attend the funeral as a mother to the first and second children named in the suit as interested parties.
Muleka further observed that although the deceased had two homes in Sotik Sub county, he settled on Manaret because both women and their children can visit.
The magistrate further ordered that the body of the deceased, preserved at the Tenwek Mission Hospital mortuary, be released to Chepkemoi.
"The funeral arrangements, including the funeral service, be done at his Yaganek farm before the body is finally laid to rest at his ancestral farm in Manaret,'' Muleka said.
In January, the court issued a temporary injunction directing the hospital not to release the body of the deceased for burial after Chebet moved to court under a certificate of agency.
The families are yet to agree on the burial date.
