Kitale court permits widow to bury son on late husband’s land after block from in-laws
A Kitale Court has granted a widow order to bury her son on her late husband’s land after being blocked by her in-laws.
The widow, Beatrice Musimbi Chegugu, has been finally allowed to bury her son at his father’s inheritance at Pembeni farm in Trans Nzoia.
Her late son, 13 – year-old James Kipkorir Died on January 4 and his body has been lying at St Monica hospital morgue for more than two months following a court battle regarding his burial.
In his judgment, Kitale senior principal magistrate Samuel Mutai said the defendants failed to prove their reason for blocking the burial at the said land.
The defendants who are siblings to her late husband Daniel Kiptum Choge and Miriam Arum Choge had petitioned to court for the deceased to be buried at Kamobon in Nandi County where his late father was buried.
In her submission during a hearing through her lawyers Katwa Kigen and Edgar Busiega, the plaintiff Beatrice Chegugu said she was chased out of her matrimonial home in 2021 after her husband David Kiplagat Choge died in 2018.
During the hearing on the matter, the Widow also said she had been denied to own his late husband’s inheritance and was living in fear.
The magistrate said the Court found absolutely no reason to deny the deceased burial at his late father’s land.
The court noted that it was inhuman to continue keeping the deceased body at the mortuary without any fundamental and legal reason.
“The Court has found the late community customs and traditions were discriminatory regarding burial by leaving out women in burial decisions’” said Mutai while delivering the judgment.
The Court ordered the County Police commander and Kachibora police station to ensure full implementation of the judgment and its orders.
The Court also rejected the stay order request for 7 days after the judgment by the defendant’s lead counsel Francis Murgor before an appeal application is registered in Court.
Speaking after the judgment the Widow thanked the court for awarding her justice and called on the government to give her security to give her son a decent burial.
The Widow also secured an eviction order to remove anyone utilizing his late husband’s land.
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