Court Settles Bitter Burial Dispute for Former Police Inspector Milka Ongubo

A Milimani commercial court has given directions on laying to rest a former Chief Inspector of police and Forces Memorial Hospital nurse Milka Ongubo after the burial dispute arose between her children.

While delivering the ruling, magistrate Festus Terer directed that “all parties have the right to bury their mother” and he gave the burial date on October 17, 2025, in Nyamira.

The magistrate also directed the parties to agree on a joint postmortem to be conducted not later than October 14, this year and the body of the deceased to be transferred from Umash Funeral Home, Nakuru to Umash Funeral Home, Nairobi at the cost of the plaintiffs (three deceased’s children) represented by lawyer Danstan Omari, Stanley Kinyanjui and Sophie Nekesa. They (plaintiffs) were also required to conduct a memorial service at Citam, Karen not later than October 15.

The court further directed all five children of the deceased to travel to Nyamira on October 16, for preparation of the burial. The application by the plaintiffs for provision of security by the Officer Commanding Lang’ata police station was allowed.

The matter was set for mention on October 23, 2025, to confirm everything went well during the burial.

The root of the dispute was when three of the five children accused their elder brother Justus Morara Ongubo , who resides in the United States of America (USA) of clandestinely storming the matrimonial home of their Mother at Langata Nairobi and took her to an unknown place.

In the case filed under a certificate of urgency at the Milimani law courts by Julia Kemunto, Joyce Kerubo and Jackson Momanyi the court was told Justus Morara Ongubo, who has been sued alongside Judy Kemuma “had taken their deceased mother-Milka Moraa Ongubo- to an unknown place from her Lang’ata matrimonial home in Nairobi before her demise.”

Before retiring from civil service Milka had served in the civil service for 32 years at the Ministry of Defence-Memorial Hospital and also as a Chief Inspector of Police.

Through lawyer Danstan Omari the three-Kemunto, Kerubo and Momanyi- claimed that Justus who resides in the USA flew into the country then took away the ailing mother to an unknown place without clothing and essential medication.

Kemunto states in evidence filed in court that Justus left their mother under the care of someone they do not know and “for five weeks he refused to disclose to them about their mothers’ whereabouts.”

Omari told the court Justus flew back to the USA on September 7,2025 leaving Milka under the care of somebody they do not know.

“That on September 21,2025 Justus broke the news of Milka’s death through a whatsapp group alleging the cause of her death was cardiac arrest,” Kemunto told the court.

She accuses their elder brother of failing to avail to them any postmortem report or any medical report indicating cause of death.

On September 28,2025 Kemunto, states burial arrangements were made but they have been left out in the burial arrangements of their deceased mother yet “they were her caregiver.”

Omari told the court the three children are seeking an order to compel Justus and Judy to allow them to bury their mother and pay their last respects.

“Justus without any consultation or disclosure clandestinely removed the deceased from her matrimonial home in Langata Nairobi, and kept her whereabouts a secret until her passing on,” Kinyanjui told the court.

He added that Justus and Judy have since unilaterally commenced burial preparations, published an obituary in the Daily Nation and fixed a  burial arrangement without the involvement of Kemunto, Kerubo and Momanyi and or other close family members.

The magistrate heard for over a decade the three plaintiffs (kemunto, kerubo and momanyi) had been caregivers to their deceased mother.

The plaintiffs have told the court they have both constitutional and a moral right to participate in the burial of their late mother.

They claimed if they are excluded from burying their mother they will suffer emotional stress, irreparable harm and cause a family disharmony plus indignity.

In a replying affidavit Judy informed the magistrate she and Justus have not prohibited the three plaintiffs from participating in the burial arrangements of their deceased mother.

Judy also claims they are not fighting over any of their late mothers’ estate.