Former husband of deceased Kakamega MCA Phaustine Werimo has obtained court orders stopping her burial.
Bakari Ramadhan objects the burial of the deceased politician at Ichinga residence where she has been staying instead of his home at Mayoni village.
He has named Phaustine’s mother Clesenzia Malaba, an uncle Michael Werimo and the Kakamega County Referral Hospital as first, second and third defendants in the case.
Phaustine was set to be buried on Saturday.
However, funeral arrangements by a committee headed by Kakamega assembly majority leader Bernard Mulama were stopped by the court.
The court issued a temporary injunction restraining the respondents and affiliates against attempting to move the deceased's body and interring the remains.
The orders further warned the respondents against interfering in any manner whatsoever with the said body including breaching the peace at her burial pending hearing and determination of the application.
The court also issued a temporary injunction restraining the Kakamega Teaching and Referral hospital mortuary from releasing the remains of the deceased to her two children pending inter-parte hearing of the matter.
Ramadhan argues that he is the MCA’s husband legally and should be given the right to decide where she should be interred.
The respondents want Phaustine to be buried on a plot, which she bought and build a home and not her matrimonial home in Mayoni.
The magistrate set November 23 for hearing of the case in Mumias law courts.
Ramadhan was directed to deposit Sh300,000 in court as security before being heard.
Phaustine died on November 3 at a Kisumu hospital after a short illness.
Her body was moved to the Kakamega Teaching and Referral Hospital mortuary the same day.
Phaustine served as a nominated MCA on an ODM ticket between 2013 and 2017. The party had nominated her for the second time.
The deceased is said to have separated with Ramadhan, a former employee of struggling Mumias Sugar Company in 2011 and have since been living separately.
