Kibor's body taken home for burial despite court case

The family of Jackson Kibor on Thursday moved his body for service at AIC church despite a pending court case seeking to stop the burial.

The case was filed by people claiming to be his children.

Yesterday Kibor's body was taken to church for a brief service attended by local leaders and residents before it was transported to his rural home at Kabenes village for burial on Friday.

Those present included his three widows and former Minister Henry Kosgey.

The family led by younger wife Eunita Kibor eulogised him as a great man who loved them despite his largely public life.

"We will miss Mzee because he was our pillar in life," said Eunita.

On Wednesday, two men and a woman moved to court seeking to stop the burial of the 88 –year-old Kibor.

The interment  was set for Friday.

Kibor, who was a businessman and politician, died two weeks ago at St Luke’s hospital in Eldoret.

The three  had asked the court to stop the burial because they want to be recognised as his legitimate children. 

They wanted to be allowed to participate in the burial plans.

Albert  Kibor, Elizabeth  Koskei and Joseph  Misoi want the court to issue  an order allowing them to fully participate in funeral arrangements of Kibor.

They filed the case under a certificate of urgency.

The matter was filed before  Eldoret principal Magistrate Naomi Wairimu. 

The three  sued Kibor's youngest wife  Eunitah Chelimo Kibor, his sons Philip Kibor and Richard Sile.

They had asked the court to issue them with a temporary injunction stopping  the family of the deceased from removing and disposing off the body.

Kibor's body was being preserved at the Eldoret hospital mortuary.

“We are requesting this court to restrain the defendants  or any other from removing and disposing off the body of Jackson Kiprotich Kibor pending hearing and determining the case,” the application said. 

They are also seeking an order for collection of DNA samples from the body and from them for analysis and comparison to determine their paternity.

In his supporting affidavit Albert Elondanga Kibor claims that the deceased had an intimate relationship with his mother Jane Elondanga  and he was sired out the said relationship.

He told the court that the deceased had recognised him as his biological son and they interacted on several occasions at social and family meetings and he was present at his deathbed when he passed on.

The respondent said that upon the death of Mzee Kibor on March 16, he has been  excluded from funeral arrangements by the defendants without any justification.

"This is unfair to me as his legitimate sibling and hence pray for the court's intervention to protect my rights," he Said.

They have accused the organising committee of acting in malice and with instructions from the defendants to exclude them from participating in the burial plans.

On her part Elizabeth Chemutai Koskei told the court that the deceased had a relationship with her mother Sarah Kibet which resulted in her birth.

Chemutai claims that Mr Kibor had recognised her as his daughter and she had been paying him visits in hospital until his demise.

She accused the burial committee of deliberately omitting her name from the obituary carried in a local daily.

Joseph Kimeli Misoi who is the third plaintiff argued that the deceased had a marital relationship with his mother Philemon Misoi which leadign to his birth.

Misoi regretted that despite him nursing the deceased as his father during the 10 days he was admitted at St Luke’s Hospital, the family have excluded him from  the burial arrangements.

The court has directed the matter to be heard under certificate of urgency on April 1.

“Following an application dated March 28 having been duly considered and is hereby certified urgent to be heard inter partes on April 1,” the magistrate directed. 

"Applicant to serve defendants by close of business on March 30."

Mzee Kibor died at the age of 88 on March 16.

The family said that he was diagnosed with kidney failure and was undergoing dialysis until his death.

His burial was to take place at Kabenes in Uasin Gishu county.

DP William Ruto and opposition chief Raila Odinga are among those expected at the burial

(Edited by Francis Wadegu)

“WATCH: The latest videos from the Star”