Court orders exhumation after man’s secret burial
When the family of Joab Otieno learnt of his death at Kombewa Sub-County Hospital in Kisumu last week, their thoughts turned, as tradition demands, to home. Plans were swiftly set in motion to ferry their son’s body to Homa Bay, where he would be laid to rest within his parents’ compound in Ndhiwa.
Mr Otieno had died after a short illness while receiving treatment at the hospital. At the time of his passing, he lived in Kisumu town, earning his livelihood as a contractor.
But even as his relatives prepared to gather in Ndhiwa to organise his final journey, another, unseen plan was quietly unfolding. A different family in Kisumu County was making its own burial arrangements – this time for a final resting place in Seme.
In a turn that has left his parents bewildered and distressed, that second plan prevailed. Mr Otieno was buried without their knowledge or participation, a reality they struggle to comprehend.
It later emerged that the burial had been conducted by a woman identified as Jenipher Nundu, at Rata Village in Kakelo Centre, Seme, Kisumu County.
Now, Mr Otieno’s mother, Monica Auma, is seeking to have her son’s body exhumed and reinterred afresh in Ndhiwa, in accordance with Luo customs and traditions. She insists she neither consented to nor was informed of the burial away from her home.
Exhumation order
Through her lawyer, Albert Ongoso, the family moved to court, demanding the return of their son’s body. The court granted their request in part, ordering that the remains be exhumed and returned to the mortuary pending the hearing and determination of the case.
Ndhiwa Principal Magistrate Phylis Lusiah directed authorities in Seme, led by the Officer Commanding Station (OCS) at Kombewa Police Station and the assistant chief of Kakelo Sub-location, to supervise the exercise.
“Upon exhumation of the late Joab Otieno, the body… shall be secured, transported and preserved at Ndhiwa Sub County Hospital mortuary pending the hearing and determination of this suit,” read part of the court order.
The directive further instructed the OCS Kombewa Police Station to provide adequate security to ensure compliance and prevent any breach of peace during the exercise.
Ms Nundu was expressly barred from interfering in any way with the exhumation, transportation, or preservation of the body.
Right to bury
In an affidavit, Ms Auma, a resident of Koogo Komolo Village in South Kanyamwa Location, asserted that as a parent she holds the primary and overriding right to determine the place of her son’s burial.
She stated that her 35-year-old son died on April 14 and was buried without her knowledge.
“His remains were preserved at the facility before the defendant clandestinely and maliciously, on April 20 at 11:00, carted away the body without my knowledge and hurriedly buried him at Kakelo Village, Rata Centre, Seme, against my consent,” she deposed.
Upon learning that burial plans were being made elsewhere, the family sought an injunction to halt any such arrangements. The court issued orders restraining Ms Nundu from proceeding with the burial and directing that the body remain at Seme Sub County Hospital mortuary.
However, Ms Auma claims the defendant, aware that she had gone to court to obtain an injunction, acted swiftly to remove the body and conduct the burial.
“The defendant had full knowledge of the impending court orders… and thus pulled a fast one on me before I could serve her,” she stated.
According to her, the burial was carried out secretly, hastily and in bad faith, in a bid to undermine the authority of the court.
“The defendant’s conduct amounts to gross contempt of court and an abuse of the judicial process. I have been unlawfully deprived of my right as a mother to bury my son at his rightful ancestral home in Ndhiwa Koga. The continued existence of the burial legitimises disobedience of court orders and undermines public confidence in the administration of justice,” she said.
The court subsequently issued a further order directing that the body be exhumed as the matter proceeds.
Ms Auma has expressed her willingness to meet the full cost of the exhumation exercise. The family plans to travel to Seme on Friday to retrieve the body and return it to Ndhiwa.
Mr Otieno’s father, Joseph Nyadiero, welcomed the court’s intervention.
“I am happy with the court’s direction. It is my desire, as the head of the family, to bury my son in my homestead in line with our culture,” he said.
He added that he did not know Ms Nundu or understand what compelled her to bury his son.
“She is not my relative, and I do not know her. What I want is the body of my son,” he said.
Mr Ongoso has appealed to local leaders to support the family in meeting the costs of exhumation and transporting the body from Kisumu to Ndhiwa.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Creatives & Coins Podcast
A podcast that dives deep into the vibrant and rapidly evolving digital creative economy in Kenya. This show explores the lives, challenges, and triumphs of individuals who are successfully navigating the gig and creative economies. From digital artists and content creators to freelance writers and tech entrepreneurs, we spotlight the voices that are shaping the future of work in Kenya.
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Fixing The Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar. Podcast created by: Nation FM
Fixing the Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.