The burial of Kakamega MCA Timothy Aseka's father was blocked on Thursday due to a family dispute over burial site.
Chief magistrate Charles Obulutsa directed that the burial be put on hold until the court decides the burial site dispute on Friday.
Fredrick Amwayi left a will to be buried at the home of his second wife in Isukha but his first wife Agneta Oyera wants him buried at Chekalini in Lugari.
Ruth Anyolo, the second wife, says her husband's will must be respected but Oyera says tradition demands that the man be buried at her home because she is the first wife.
"The deceased left a clear will indicating his site of burial at the home of the second wife and preparations are already complete," Ledisha Kittonyi, lawyer for second wife, said.
The burial has been set for Saturday but Obulutsa put the same off until the matter is heard and determined.
The second wife argues that her husband amputated limbs had been buried at her home in Isukha hence the remains should be interred the same place.
"It's only fair that his body is buried in the same location," Kittonyi said.
She caused laughter in court when she said that as per the Luhya traditions, burial rites, including "feasting", are underway.
