Kibor’s funeral underway as 3 fail to obtain restraining order
Efforts by three people –a woman and two men- who had moved to court seeking to stop the burial of Mzee Jackson Kibor failed to materialise on Friday.
An Eldoret court, which was set to hear the case on Friday and issue orders on whether or not to restrain the family of the businessman-cum-politician from burying him until issues raised by the three were addressed, declined to issue the same after the applicants failed to serve all respondents on time, as required by the law.
Eldoret Senior Resident Magistrate Barnabas Kiptoo directed the plaintiffs to serve all respondents as required ahead of the hearing.
The court heard that two of the respondents were yet to file their response, hence making it hard for the court to proceed with the matter.
Due to the absence of all parties involved, the court directed the matter to be heard on April 19.
Widows of the late Mzee Jackson Kibor, Eunitah Chelimo from (left), Naomi Cheptoo and Josephine Chepkoech during the burial ceremony at his home in Samitui farm, Kabenes of Uasin Gishu County on April 01, 2022.
“In the absence of the parties, the matter cannot proceed. I direct the matter to be heard on April 19 before court three,” directed the magistrate.
Meanwhile, the burial ceremony went on as planned in Kabenes village in Eldoret town.
On March 28 Albert Kibor, Elizabeth J Koskei and Joseph K Misoi sought an order to allow them fully participate in the funeral arrangements of their father.
They had filed the case under a certificate of urgency.
Sidelining them
The matter was initially filed before Eldoret principal Magistrate Noami Wairimu.
They had sued Kibor's younger wife Eunitah Chelimo Kibor, his sons Philip Kibor and Richard Sile accusing them of sidelining them from funeral arrangements.
They had wanted the court to issue them with a temporary injunction stopping the family of the deceased from removing and disposing of the body.
Some of the children and grandchildren of the late Mzee Jackson Kibor during the burial ceremony held at his home in Samitui farm, Kabenes of Uasin Gishu County on April 01, 2022.
“We are requesting this court to restrain the defendants/ respondents either by themselves, their relatives, agents, family members or any other from removing and disposing of the body of Jackson Kiprotich Kibor pending hearing and determining the case,” stated the application.
In their affidavit, they are also seeking an order for the collection of DNA samples from the body and from them for analysis and comparison to determine their paternity.
Hundreds of mourners have turned up for the burial of Mzee Jackson Kibor at his Samitui farm, Kabenes, Uasin Gishu County.
The casket bearing the body of late Mzee Jackson Kibor during a burial ceremony at his home in Samitui farm, Kabenes of Uasin Gishu County on April 01, 2022.
Among the top politicians expected to attend the send-off ceremony is ODM leader Raila Odinga.
And true to the men's conference national convenor Albert Kochei's earlier advice, no male mourner has dressed in pocket flowers.
Mzee Kibor was the self-proclaimed men's conference chairman.
"We have advised the mourners, especially men to put on miniature portraits in honour of our chairman," Mr Kochei Nation.
