Members of the public try to force their way into St Joseph Mission of Messiah in Africa Church in Opapo Village in East Kamagambo Location in Rongo Sub-county, Migori County on April 11, 2025.
A bitter dispute has erupted between two factions over the final resting place of General Service Unit (GSU) officer Dan Obura, who died earlier this year and was buried within the grounds of a church in Rongo, Migori County.
The officer’s paternal family has obtained a court order permitting the exhumation of his remains, intending to rebury him at their ancestral home in Kochieng West, Kisumu County.
However, his widow, Ms Lilian Atieno, insists that the burial site within St Joseph Mission of Messiah in Africa church compound must remain undisturbed.
She has vowed to move to the High Court to overturn the lower court’s ruling.
Mr Obura, who succumbed to a brief illness, was interred in March within the compound of the church located in Opapo village.
His burial sparked controversy and public scrutiny over the church’s teachings which some alleged were cult-like.
Tensions escalated into a violent confrontation when members of the public stormed the church to disperse congregants.
The chaos left two people dead and prompted government intervention. More than 50 people including women and children were rescued from the premises. They were arrested but later released after the Director of Public Prosecutions declined to press charges.
Members of the public on April 11, 2025 confront members of St Joseph Mission of Messiah in Africa Church in Opapo Village in Rongo, Migori County.
Amid the turmoil, Mr Obura’s family remained determined to have his remains relocated. Their request was eventually granted by the Rongo Magistrate’s Court.
In their petition, the family argued that leaving the body at its current location contravened their cultural customs. According to Luo tradition, men must be buried at their father’s homestead.
Rongo Principal Magistrate Chrispin Orwo upheld their plea basing his ruling in customary law. He cited the landmark SM Otieno case, where prominent lawyer Silvano Malele Otieno was buried in his ancestral home in Nyamila Village, Siaya County, after a protracted legal battle between his widow and his clan.
“In Kenya, courts have consistently relied on customary law to resolve burial disputes. Unwritten but widely recognised, these customs form a vital part of the legal framework in matters of personal law, provided they do not conflict with statutory law,” Mr Orwo stated.
He affirmed that in the Luo community, the deceased remains a member of the clan even in death and should be buried according to communal beliefs and traditions.
“The deceased continues to be governed by Luo customary law, in life and in death, so long as such customs do not contravene the principles of justice,” the magistrate ruled.
Mr Orwo ordered that the exhumation be carried out under the supervision of public health officials. Ms Atieno was instructed to identify the exact burial site to prevent unauthorised or indiscriminate digging. Security personnel from Kamagambo Police Station were directed to provide protection during the process.
“Upon exhumation, the remains shall be reinterred at the plaintiff’s homestead in Kochieng, Nyando Sub-County, Kisumu County, in accordance with Luo customary practices,” he directed, adding that Ms Atieno must be included in the reburial arrangements.
The family of a GSU officer who died and was buried in a church compound seek help from the Office of the Deputy County Commissioner in Rongo, Migori County, on April 11, 2025.
Despite the court’s decision, Ms Atieno maintains that her husband should remain buried at the church compound. She argued during proceedings that Mr Obura had sold his land and had no alternative burial site except the church where he had been a devoted member.
The court dismissed her claim calling it illogical in the context of burial traditions and customary rights.
Legal counsel for St Joseph Mission of Messiah in Africa Bernard Acholla expressed concern that the deceased’s family may move quickly to carry out the exhumation. He said the church would also act swiftly to challenge the ruling.
“We shall move with urgency to appeal against the directives,” Mr Acholla stated.
