Woman can bury man she cohabited with, court rules
The in-laws moved to court to stop Ms Alice Wangui from taking the body from the mortuary for burial.
What you need to know:
- In-laws had told the court that deceased teacher never married any of his many girlfriends, thus disowning Ms Wangui.
A woman who cohabited with a teacher for 30 years has been allowed to bury his body after a court declared their union a marriage.
The Eldama Ravine court said Ms Alice Wangui is entitled to the remains of Mr Nyogote Maina.
The ruling brought to an end a standoff between Ms Wangui and her mother-in-law Damaris Mwihaki Njatha and brother-in-law Joseph Muroro over the right to bury the dead.
The in-laws moved to court to stop Ms Wangui from taking the body from the mortuary for burial.
Maina died at his mother’s home in Eldama Ravine. He had travelled to his rural home to build a house for his mother when he collapsed at the site.
Maina was declared dead on arrival at Mercy Mission Hospital on August 25 and his body taken to the mortuary.
However, as the burial arrangements were going on, Ms Wangui was served with a court order by Ms Njatha restraining her from taking the body for burial.
Ms Njatha and Mr Muroro disowned Ms Wangui and denied knowledge of her marriage to their kin, with Ms Njatha adding that her son had many girlfriends, but never married any.
She wanted the court to allow her to take the body from the mortuary for burial in Engashura, Bahati Sub-county, where three of her sons are buried.
She lined up several witnesses to support her claim.
In a counter-claim filed through her lawyer Antoinette Ogange, Ms Wangui maintained that the two are her in-laws.
Ms Ogange said her client married the teacher traditionally in 1990 after dating for two years.
She said Maina introduced Wangui to his family in Shauri Yako village, Eldama Ravine, as his wife in a ceremony Mrs Njatha attended.
The lawyer added that Mr Maina later went to her client’s home in Murang’a and paid Sh10,000 as part of the dowry, money received by an elder.
Ms Wangui said she and her husband bought a piece of land in Wanyororo, Nakuru county where Maina registered her in a women’s group as his wife.
“Mr Maina produced an NHIF card, which showed that she was his wife and even mentioned her as his next of kin during the registration in the group,” the lawyer said.
Long cohabitation
Principal magistrate J. L Tamar said there was little proof of a customary marriage, but added, there existed a marriage through long cohabitation.
“Consequently, the defence and counter-claim succeed. The defendant is the deceased’s spouse and the proper person to bury the body,” the magistrate said, adding, the in-laws are free to attend the burial.
