SAN v GW [2020] KECA 46 (KLR)
- Court
- Court of Appeal
- Case number
- 46
- Citation
- [2020] KECA 46 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBurial DisputePostureAppeal from the High Court's judgmentCoramW. Ouko, S. Gatembu Kairu, A. K. Murgor
Holding
The deceased's wish to be buried in Bungoma was honored, and the appeal is dismissed.
Facts
The deceased was a Luo tribesman who had been separated from his first wife and her home for over 26 years. He had married a second wife who lived in Bungoma. He expressed a desire to be buried in Bungoma.
Issues
- Who has the right to bury the deceased?
- Where should the deceased be buried?
Reasoning
Customary law governs burial disputes. The deceased expressed a desire to be buried in Bungoma, and the courts below found that the Bungoma home was established in accordance with Luo customs. The appellant did not show closeness towards the deceased after their separation.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Nyankomba vs. Mary Bonareri Munge (2010) eKLR
- Samuel Onindo (supra)
- Calma vs. Sesar (1987) KLR 407
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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