Two witnesses have told Ndhiwa Law Court that they had to exhume the body of their 35-year-old kin because he was buried like a "dog" in Kisumu County.
The families of Joseph Nyadiero and that of the late Paul Nundu are fighting over who had the right to bury Joab Oloo Otieno. The man passed away at the Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu on April 14, 2026.
Nyadiero is a resident of Kogo Komolo village, South Kanyamwa Location, Ndhiwa Sub- County in Homa Bay County. The late Nundu was a resident of Kakelo Village, Seme Sub- County in Kisumu County.
In the legal battle, Otieno’s mother, Monica Auma, complained that the family of Nundu wanted to deprive her of the right to bury her son. Auma is married to Nyadiero.
Auma has sued Nundu's siblings Jenniffer Nundu and Joel Nundu. Immediately after his death, the late Otieno was buried by Nundu’s family at Kakelo village.
But Nyadiero’s family exhumed his body and took him to Ndhiwa Sub- County Hospital Mortuary.
In their testimonies, Otieno's younger brother, Dan Calvince Nyadiero and his aunt, Florence Adek, told the court that they decided to exhume the body because Otieno was buried like a dog.
Nyadiero told the court that he went to Seme and found that his brother had been buried in a bush. He argued that this showed Otieno lacked kinsmen who could conduct the burial as required.
“My brother was buried in a bush near a river in Seme. The environment was not suitable for burying a human being. He was buried like a dog,” Nyadiero said.
Adek said dignity was missing in Otieno’s burial in Seme.
“Only dogs or wild animals can be buried in the manner he was buried in Seme. We had to seek a court order to exhume the boy immediately after the burial,” Adek said.
Auma’s lawyer Albert Ongoso wondered why the burial was done in a bush.
“You have said Otieno was buried by strangers in a bush near a river with no homestead around. Is this how the Luo community should inter their loved ones?” Ongoso asked Adek.
Adek said the burial was done contrary to the culture of the Luo community.
She argued the Luo culture requires that a human being is buried in a homestead to show his dignity.
“The burial was done against our culture. I plead with the court to allow Auma to bury her son so that we can accord him the dignity he deserves,” Adek said.
However, Jenniffer’s lawyer Kennedy Okong’o and Joel’s lawyer Marvin Odero opposed the narrative, saying the burial was done in a homestead.
Ndhiwa Principal Magistrate Phylis Shinyada scheduled the next hearing of the case for November 6.
