The Nairobi court has suspended the burial of former Meru businessman Silas Igweta after the second wife filed a suit in court citing that the will of her husband be honored on where he wished to be rested.
This follows an order by Milimani principal magistrate Gerhard Gitonga after the same was sought by the second wife to the deceased
The magistrate allowed a plea to block the burial of Silas Kamuta Igweta,100 at the home of his estranged wife, who they parted ways 40 years ago.
The magistrate allowed the plea by the children of the second wife to stop the burial which was scheduled on Saturday pending the determination where the remains of the deceased will be interred.
In a case filed under a certificate of urgency by lawyer Danstan Omari, the second wife of the deceased, Grace Rigiri Silas is asking the court to allow her to bury her husband with whom they tied the knot on July 27th, 1959.
Mr Omari presented to the magistrate a certificate of the wedding conducted at Kianjai Methodist Church in Meru.
” Grace and Igweta’s marriage was registered in the native registry in 1959. At all material tome to this suit and substitute , Grace cohabitated with her deceased husband as man and wife until his demise, and there she is the legal wife entitled to inter the remains, ”
Before the interment of Igweta, Grace is asking the court to order a postmortem to be conducted because they believe the death of Igweta did not occur from a natural cause.
In a brief ruling, the magistrate has raised substantial legal issues, which require to be heard substantively.
He directed Omari to serve the suit papers to Igweta’s estranged wife, Sarah Kathambi, Purity Kinya, and Miriam Makena, who have been named as respondents.
The court will give directions regarding the matter tomorrow (Wednesday).