She stated that Okinyi neglected the boy after he separated from his mother in 2012.
"From the evidence adduced, he neglected the child during his lifetime despite him being his biological father," Agutu said.
She noted that Okinyi did not demonstrate any family closeness when Onyango was alive.
"The fact that the deceased boy was his biological son does not give him the exclusive rights to bury his remains," she noted.
Agutu also ruled that Okinyi did not provide to the court evidence that he legally married Anyango under the customary Abasuba law.
This came after Okinyi had earlier told the court that he gave out six cows as a pride price to Anyango's family to make their marriage official.
But he failed to avail a witness to testify this.
She concluded that Okinyi did not deserve the right to bury Onyango's remains.