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Court stops burial of five killed in Kirinyaga over land dispute

Wang'uru law courts Kirinyaga

Wang'uru Law Courts Kirinyaga in Kirinyaga where an order was issued stopping the burial of five murder victims after a land dispute arose.

Photo credit: George Munene | Nation Media Group

The funeral of five members of the same family from Gathata village in Kirinyaga County who were hacked to death has been stopped following a court order.

A court in Wang'uru issued the legal directive after four people filed an application seeking to bar a relative, Mr Patrick Njiru, from burying the victims on a disputed piece of land.

According to the villagers, Eliud Muchira, Richard Muchiri and Esther Wanja, they inherited the land from their late mother, Janet Wambui, and the victims should not be buried there.

Through their lawyer Muriuki Muriithi, the applicants argued that if the defendant goes ahead with the burial, it will cause untold anguish to them as they are the rightful beneficiaries of the land in dispute.

In her ruling, Principal Magistrate PM Mugure certified the application dated December 8 as urgent.

She restrained the defendant or his agents from interring the remains of the five on the subject land until December 14 when the case will be heard inter partes.

The funeral, which was to take place Thursday, had to be halted until the matter is heard and determined.

Shocked

Mr Njiru lamented that family members were shocked following the decision by the court.

“We had bought coffins, ready to give our sister and her four children a decent burial but sadly, we were blocked by the court due to a land dispute," said Mr Njiru.

The defendant, who is represented by lawyer Muthii Murigu, said mourners who had arrived at Kianjiru village to give the victims the final send-off were shocked on learning that the funeral had been put off.

“Mourners who were not aware of the court order came to the village early enough but on learning what had happened, they returned to their respective homes grumbling," said Mr Njiru.

An Anglican priest, Cyrus Ngeera, said he was fully prepared to preside over the burial ceremony before he received the sad news.

“The victims were members of the Anglican Church and we had made all the arrangements to bury them but, unfortunately, we could not go on with the ceremony because of the court order in force," Rev Ngeera said.

Domestic quarrel

The five, Millicent Muthoni and her children Nelly Wawira, 13, Gibson Bundi, 5, Wambui Murage, 3 and Clifton Njuki, 1, were killed in cold blood by husband and father Paul Murage Njuki following a domestic quarrel.

Mr Njuki allegedly went berserk after his wife attempted to stop him from defiling one of their daughters and fatally attacked her.

He then turned on the children and snuffed out their lives using an axe. Detectives from Nairobi have already recovered the murder weapon believed to have been used to execute the victims.

The assailant is still being held at Kianyaga Police Station as investigations into the gruesome murders continue.