Luhya customs vs law: Court orders MCA's father buried at first wife's home | The Star, Kenya Skip to main content
August 18, 2018

Luhya customs vs law: Court orders MCA's father buried at first wife's home

Agneta Oyera leaves court with her lawyers after the determination of the dispute regarding the burial of the father of Kakamega MCA Timothy Aseka, May 15, 2018. /MATHEWS NDANYI
Agneta Oyera leaves court with her lawyers after the determination of the dispute regarding the burial of the father of Kakamega MCA Timothy Aseka, May 15, 2018. /MATHEWS NDANYI

A court in Eldoret has ordered that Kakamega MCA Timothy Aseka's father be buried at his first wife's home in Lugari.

Senior Resident Magistrate Harrison Barasa ruled that the will left by Fredrick Amwayi, who died in February, be vacated.

In the will, Amwayi said he wanted to be buried at his second wife's home in Isukha.

However, the magistrate held that the will cannot override customs and traditions of the Luhya community.

He said although the will was genuine, family members' testimonies cannot be ignored.

The first wife, Agneta Oyera, had wanted the man buried at Chekalini in Lugari but Ruth Anyolo, the second wife, said they had to respect the will.

"Luhya traditions demand that as the first wife, I am the one to bury my husband," Oyera had argued in court.

On Tuesday, the woman said she was satisfied with the ruling and would start burial plans immediately.

The court gave the second wife three days to appeal.

During the hearing, the second wife relied heavily on the will written by the deceased. She also argued that her husband’s amputated limbs had been buried at her home in Isukha hence the remains should be interred the same place.

"The deceased left a clear will indicating his site of burial at the home of the second wife and preparations had been completed," Ledisha Kittonyi, the woman's lawyer said.

The body of the 80-year-old has been lying at Moi Teaching and Referral Hospital mortuary.

Moses Esikuri, the lawyer for the first wife, said the court had ordered that the man's second wife pays the mortuary costs.

Kittony said they will appeal as the ruling goes against Amwayi's will which was produced in court.

Read: Kakamega MCA's father's final rites put off in row over burial site

Click here for the latest political stories

 

Poll of the day