The Court of Appeal has issued an order halting the burial of Silas Kamuta Igweta, a centenarian who passed away in February 2024, pending the determination of an appeal contesting his burial arrangements.
The deceased’s body remains in the morgue due to a dispute between his two wives, Grace Rigiri and Sarah Kathambi, over the appropriate burial site. Igweta was originally scheduled to be buried on June 22.
Background of the Dispute
The conflict centers on where to lay Igweta to rest, with both families asserting their rights:
- First Family (Grace Rigiri): Claims rights to bury him, arguing that despite allegations of abandonment, they should have the authority over his final resting place.
- Second Family (Sarah Kathambi): Insists on burial at their home, stating that Igweta had strong familial bonds with them, and they had been responsible for his care and medical expenses.
A magistrate court initially ruled in favor of the second family, directing that Igweta be buried at their home due to his close ties with them. Dissatisfied with this decision, the first family appealed to the High Court, which overturned the magistrate’s order, ruling in favor of the first family.
The second family then took the case to the Court of Appeal, arguing that the High Court’s decision was flawed and failed to consider their evidence that they had been the primary caregivers and bore the financial burden of Igweta’s hospital bills without assistance from the first family.
The Court of Appeal’s intervention has resulted in a temporary halt to the burial until the appeal is resolved. This ongoing legal battle underscores the complexities and emotional stakes involved in familial disputes over burial rights.
As the court deliberates on this sensitive matter, Igweta’s body will remain in the morgue, prolonging the resolution of his final rites.
