A Kakamega court
has dismissed a man’s legal will
and his last wishes that he be buried
in the home of his second wife.
Fedrick Amwayi, who died three
months ago at the age of 80, will
be buried instead at the home of
his first wife, despite his will, the
court ruled.
Eldoret senior resident magistrate
Harrison Barasa said on
Tuesday that the man’s will cannot
override traditions of the
Luhya community.
Amwayi’s first wife Agneta Oyera
sued to stop her husband’s burial at
the home of co-wife Ruth Anyolo
in Isukha, Sinyalu.
Anyolo said Amwayi left a will
indicating his wish to be buried at
the home of his second wife.
She argued that Amwayi’s limbs,
which were amputated because of
an accident, were buried in Isukha,
hence, the need to inter his remains
at the home.
“It’s only fair that his body is
buried in the same location,” her
lawyer Ledisha Kittonyi said.
Oyera disagreed.
“Our Luhya traditions demand
my husband is buried in my home
as I am the first wife,” Oyera said.
Her home is in Chekalini, Lugari
Barasa agreed with Oyera and
asked Anyolo to appeal if she
wished.
“I grant three days stay so
respondents can challenge the ruling,”
Barasa said.
Anyolo’s lawyer, Ledisha Kittonyi,
said they would appeal. She
said arrangements had been made
for Amwayi’s burial in Isukha.
Amwayi was the father of Kakamega
nominated MCA Timothy
Aseka. His body is at Moi Teaching
and Referral Hospital in Eldoret.
Barasa directed Oyera to pay the
mortuary bill. Amwayi’s burial was
initially scheduled for February 17.
But chief magistrate Charles Obulutsa
directed the final rites be put
on hold until the court decides the
burial site dispute.