Momanyi v Makori & 4 others (Civil Case E228 of 2025) [2025] KEMC 136 (KLR) (10 June 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 136
- Citation
- [2025] KEMC 136 (KLR)
- Decided
- 10 June 2025
The court declares that the plaintiff has the right to bury the deceased and orders that the body be released to the plaintiff and laid at his matrimonial home in Nakuru County.
Facts
The plaintiff, Jennifer Kemuma Momanyi, is the widow of the deceased Benson Momanyi. The deceased died on 05/03/2025 while undergoing treatment at Bloom Hospital within Nakuru County. The plaintiff claims the right to bury the deceased at his matrimonial home in Nakuru County, while the defendants claim the deceased's wish was to be buried in Kisii, his ancestral home.
Issues
- Right to bury the deceased
- Where to bury the deceased
Reasoning
The court held that the deceased's wishes regarding burial were not clear, and the plaintiff's family, as the basic unit of the deceased, has the right to bury their dead. The court ordered the release of the deceased's body to the plaintiff and laid at the plaintiff's matrimonial home.
Outcome
The plaintiff's claim for the right to bury the deceased was upheld.
Orders
- The body of the deceased Benson Momanyi be released to the Plainti.
- The Plainti is hereby allowed to collect the body from the Defendants or wherever the body may be.
- A mandatory injunction be and is hereby issued directing the Defendants or whoever is the custodian of the deceased’s body to release the body of Benson Momanyi to be laid at his matrimonial home in the parcel known as NJORO/ NGATA BLOSK 2/ 5080 (KIROBON ‘A’) within Nakuru County and a copy hereof be served upon the OCS Keroka Police Station for effective compliance.
Remedies
- Release of the deceased's body to the plaintiff and laid at the plaintiff's matrimonial home in Nakuru County.
Authorities cited
Cases cited (2)
- James Apeli & Enoka Olasi Vrs Priscilla Buluku [1985] KLR 777
- Re Estate Of Evanson Mbugua Thong’ote (deceased) [2016] eKLR
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