Salina Cheruto testified that Catherine Jerotich was merely a girlfriend to her late husband, Kenya Defence Forces (KDF) officer Barnabas Kendagor, and not his wife. This contentious claim, made during a hearing before Eldoret High Court Presiding Judge Reuben Nyakundi, has cast a spotlight on the complex dynamics of familial relationships and inheritance.
Jerotich’s body has remained in an Eldoret hospital morgue for six months as legal battles ensued over her burial rights. Jerotich, who passed away at the age of 65, was in a relationship with Kendagor. However, Kendagor was legally married to Salina Cheruto, who denied any marital status between Kendagor and Jerotich. Salina acknowledged Jerotich’s son, Stanley Kiplagat, and another child, Viola Chebet, as Kendagor’s children born out of wedlock but did not recognize Jerotich as his wife.
Salina’s recognition of Kiplagat and Chebet was crucial in her decision to allow Kiplagat’s burial at Kendagor’s matrimonial home in Moiben sub-county. This aspect became particularly significant when Justus Kosgey, another son of Jerotich, filed a case demanding his mother’s burial next to Kiplagat, who was laid to rest the previous year. In her testimony, Salina disowned Kosgey, asserting that he was not Kendagor’s biological son and thus had no legitimate right to demand Jerotich’s burial on Kendagor’s property. She emphasized that she had six children with Kendagor and was in the process of including Kiplagat among the beneficiaries of her late husband’s estate.
Jerotich’s planned burial on March 27 at her seven-acre farm in Moiben, allegedly given to her and her sons by Kendagor, was halted by Salina’s court intervention. The KDF officer, who passed away on October 16, 2005, was buried on a separate 63-acre property owned by Salina. Jerotich was supposed to be buried next to her first-born son Kiplagat, who was laid to rest in October of the previous year.
However, Salina’s timely court order stopped the burial. The injunction was obtained under a certificate of urgency from the Eldoret Law Courts, halting the burial plans just before the body was to be transported from the morgue. This legal intervention has added further tension to the case, as both sides present their claims and evidence before the court.
The case highlights the complexities of familial disputes, particularly when multiple relationships and offspring are involved. The legal and emotional intricacies underscore the need for clear documentation and legal agreements in family matters to avoid such prolonged disputes. Salina’s stance has further fueled the contention, as the Eldoret High Court’s decision will not only determine Jerotich’s final resting place but also potentially influence the inheritance and property rights of Kendagor’s heirs.
As the legal battle continues, the involved families remain in a state of uncertainty, awaiting a resolution that will provide closure to this emotionally charged dispute. The case has garnered significant attention due to its intricate details and broader implications for property and inheritance rights in similar familial situations. The Eldoret High Court’s forthcoming decision is anticipated to set a precedent for how such cases are handled, offering valuable lessons for others navigating complex family and inheritance issues.
