Court allows woman to exhume husband's remains after 14 years

Court allowed Lucy Muthoni to exhume the remains of Samuel Kahihia for a decent burial at their ancestral home in Nyeri County.

A court has allowed a woman to exhume the remains of her husband, which were buried 14 years ago at a public cemetery.

High Court judge Teresia Matheka yesterday allowed Lucy Muthoni to exhume the remains of Samuel Kahihia for a decent burial at their ancestral home in Nyeri County.

Lady Justice Matheka made the order after brothers and sisters of the deceased confirmed to the court that they supported Muthoni's decision.

Muthoni told the court that her husband died on September 22, 2005, and was buried at the Nakuru North Cemetery following a family dispute.

In her application dated September 27, 2019, Muthoni said the extended family had resolved the dispute and agreed to give Kahihia a decent burial at their home in Othaya.

Ancestral land

“The entire family has agreed to rebury the deceased in Othaya, Nyeri County, which is his ancestral home,” Muthoni told the court.

Her lawyer Philip Mburu yesterday informed the court that the extended family had confirmed that there would be no issues if the deceased was reburied in Nyeri.

Muthoni's application was supported by Joseph Macharia, a brother of Kahihia.

Macharia's three sisters, who had accompanied him to court, also confirmed that the dispute had been resolved.

“I am here to confirm to the court that my brother has a place he can be buried,” said Macharia.

The court directed Nakuru County Public Health Officer to ensure the exhumation order was effected.

Kahihia operated a business in Nakuru before his death.

He lived in Nakuru where his business interests were, but his ancestral home was in Nyeri County.

He was buried at the Nakuru North Cemetery because of family dispute.