The law makes it an offence for any person to illegally prevent the burial of a dead body by the next of kin.
For four years, Teresa Ogeto, 70, has been waking up to an open grave outside her compound in Nyagiti village in Marani, Sub-County, Kisii.
The body of her son Kefah Oyaro, 22, was exhumed less than five hours after his burial as family members fought over an eight-acre piece of land. The bill at Kisii Level Five Hospital’s morgue would later rise to over Sh500,000.
Teresa has been denied the right to bury her son, with a section of family members claiming that Teresa was not legally married by her late husband.
Four months ago, Teresa’s other son Isaac Onwonga also died and his body was taken to a Nyamira Hospital Mortuary. Another court order was issued, stopping the family from burying their kin.
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Teresa’s husband Ogeto Mageto died 26 years ago, after the family’s first wife Kerubo Ogeto died. Kisii customs have it that once a husband dies, his remains are buried by the first wife.
In case the first wife dies ahead of the husband, the second wife is allowed to bury the man. In this case, Teresa who is the second wife buried her husband inside her compound.
Rachel Omariba and Evans Omariba, both siblings from the first family, appear in court as plaintiffs while Teresa Onwonga and Charles Onwonga appear as respondents in the two court matters.
Across the county in Bokona Village, Gesusu Ward in Nyaribari Masaba, the body of Douglas Maisiba has been lying at Nyamanche Hospital Mortuary for two years.
Plans by his family to have a decent burial for their kin were put on hold through a court injunction; the entire two-acre land had allegedly been sold to a businesswoman, Rachel. The deceased’s brother Maunga Abuga told Saturday Standard that they were not aware that the land was sold. “We do not believe that our late brother sold his entire piece of land. We want the courts to expedite the process and have the land reverted to my sister-in law and her children,” said Maunga.
In the same area, the family of the late Gladys Abunda has been battling to bury her. She died three months ago, and there has been a court injunction barring her burial. Gladys was the first wife in a polygamous set-up. Her co-wife, Zipporah Abunda, died earlier. Their husband, Abunda, had died intestate. While the law makes it an offence for any person to illegally prevent the burial of a dead body by the next of kin, hardly a week goes by before a violent dispute is reported in Kisii.
By the time courts resolve the disputes, sometimes years later, the dead are long forgotten, with huge bills pending in mortuaries. The issue is compounded by lack of a public cemetery.
According to the Kisii County Commissioner Godfrey Kigochi, succession has been an issue in Kisii. “It is a concern that most families take too long to file for succession because some families have more than two wives.”
The commissioner said that families should visit relevant offices to have their property properly put in place.
“A few chiefs could turn out mischievous in written letters of succession but that does not mean families should not move to other offices to seek help.” he said.
