Kenya: Nakuru Court Allows Widow to Exhume Husband's Body

15 October 2019

The High Court in Nakuru has allowed a widow to exhume the remains of her husband who died 14 years ago.

Ms Lucy Muthoni Kimangu got a relief on Monday after Justice Teresia Matheka granted her request to exhume and transfer the body of Mr Samuel Kimangu for reburial in Nyeri County.

The court allowed the application after she confirmed that the family had ironed out their differences and had consented to the fresh burial ceremony.


Last week, the court had ordered Ms Muthoni to provide proof of reconciliation before the orders could be granted.

Her lawyer, Mr Philip Mburu, who appeared in court on Monday, said the wrangling relatives had resolved their differences and were in support of the application.

"I can confirm that the families are in agreement and there will be no issues if the deceased is buried at his ancestral home in Nyeri," ruled Justice Matheka.

Further, members of the dead man's family led by his brother Joseph Macharia and his three sisters were in court to confirm their position.


Mr Macharia told the court that the family is willing to have his brother buried at their ancestral home.

"We are here to confirm that the family wants Mr Kimangu buried at our ancestral home in Othaya, Nyeri County in accordance with Kikuyu customs," said Mr Macharia.

Ms Muthoni filed the case on September 25 seeking orders to exhume the body which was buried at a public cemetery in Nakuru County. She also sought to be a burial permit allowing her to bury the remains in Nyeri.

She told the court that her husband's family had been locked in a standoff over his burial place at the time of his interment.

Ms Muthoni filed the case under a certificate of urgency, requesting the court to hear the matter on priority basis as her health is in jeopardy.

The court heard that she was recently diagnosed with cancer and feared dying before achieving her wish.

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