Family Feud Delays Burial of 100-Year-Old Meru Man

The court of appeal has stopped the burial of 100 years 100-year-old Meru businessman in a dispute pitting his two wives.

Appellate judges Gatembu Kairu, Lydia Achode, and Ngenye Macharia suspended the burial of Silas Kamuta Igweta for 30 days pending the determination of an appeal filed by the second wife Sarah Kathambi and her two daughters Purity Kinya and Miriam Makena.

Prohibiting the burial of Kamuta, the three judges said that the appeal filed by Sarah is arguable and has a high chances of success.

The judges ruled “if stay of the burial of Kamuta is not granted as sought and the appeal succeeds it will be rendered nugatory,” the three judges ruled.

They added that if the burial proceeds as directed by Justice S Riechi on May 21, 2024, it will be embarrassing and cause unnecessary hardship and indignity.

The judges concurred with lawyer Danstan Omari for Sarah that enforcement of the orders post-internment would entail exhumation and relocation of the remains of the deceased which would hurt all the parties herein.

The judges ordered the body of Kamuta to remain in the morgue until the court determined the final resting place front,

“The upshot is that Sarah’s application for stay of burial has merit and the interment of the deceased remains to be and is hereby stayed pending the hearing and determination of the main appeal.

Kamuta died on February 17, 2024, and his first wife Grace Rigiri Silas, and her son Mathew Kobia Igweta filed a suit seeking permission to bury the old man.

The second family challenged the suit saying Kamuta had separated from Rigiri for 40 years and was living with them.

They told the court that Kamuta had expressed his wish to be buried by Sarah and her family at their farm in Lairangi/ Muumuu under the Meru customary law.

The second family said they spent on medical bills Sh 5,563,527 and have maintained the centurion for 971,853.

The lower court permitted the second family to bury the deceased given their relationship with him.

Due to the preservation cost the judges noted that the body has since been moved from Umash Funeral Home to a different funeral parlor.

The judges noted with concern that the body was yet to be buried although the two wives had been allowed to cooperate and bury their husband.

As a consequence, the judges ordered the body to remain where it was until the determination of the matter.