Senior Resident Magistrate Peter Muholi has also allowed Ms Agnes Wangui, the woman who sought to block his burial, and her two children to participate in the funeral.
Ms Wangui was also allowed to collect DNA samples from the former MP's remains to prove that he was the father of her two children. The samples are to be collected Friday at 1.30pm. Each party will have its own pathologist.
Mr Murunga's widow, Christable Murunga, had filed an urgent application in court seeking to set aside the order barring the burial of her husband, saying the move had caused the family a lot of anxiety.
Mrs Christabel Murunga (centre), the wife of fallen Matungu MP Justus Murunga, is consoled by relatives and friends in Mumias.
Photo credit: Isaac Wale | Nation Media Group
Ms Wangui, whose children are three and seven years old, says Mr Murunga married her in 2013 when he was a supervisor at Embakasi Ranching Limited.
Mr Omari described the ruling as “a big win for women whose rights are trampled upon by relatives of their husbands upon their demise. The court has set the records [straight] - that women living with men are their wives and as such Ms Agnes Wangui Wambiri will have rights to the estate of Murunga.”
Mr Omari and lawyers Terry-Agatha Misiko and Barbara Taragon accompanied Ms Wangui to Lee Funeral Home, where the samples were collected. Christabel and Grace, who is also Mr Murunga's widow, were present.
Mr Omari said once the results are released, he will turn to the family court for succession proceedings.
In an interview with journalists after the ruling, Ms Wangui said, “All I want is what is right for the two children I had with my husband, Murunga. I also want to give him a decent burial and I am willing to be a member of his family. I can't run away from him in death."
