A Nairobi court will tomorrow (Friday) rule whether Matungu MP Justus Murunga will be buried Saturday as it had been planned by his family.
The court will also be ruling on an application by the MP’s two widows that a woman claiming to be his mistress be compelled to deposit Sh10 million as a security for the delayed burial.
Senior Resident Magistrate Peter Muholi will further decide whether the mistress, Agnes Wangui, can collect DNA samples from the MP’s body for purposes of conducting a paternity test on her two children. She claims the children aged seven and three years were sired by the MP.
During hearing of the case on Thursday, the widows, Christabel Murunga and Grace Murunga, said they were not opposed to the collection of DNA samples by the mistress.
Through lawyer Patrick Lutta, the widows also told court that they are not opposed to Ms Wangui’s attending the burial.
They said the prolonged preservation of the body has subjected them to continued state of mourning and depression.
The court heard that the widows had planned to inter remains of their husband on Saturday and the delay is against the public policy.
“Burial plans are in limbo and likely to be messed up by the sustenance of the order (that stopped the burial). We are not contesting the issue of the applicant attending the burial. Court can grant order for taking of DNA samples. She is free to attend burial without any conditions,” said the lawyer.
The court heard that the order that stopped the burial has subjected the family to huge financial expenses such as mortuary fee and costs of guests visiting the MP’s homes in Nairobi, Lugari and Matungu to mourn.
While urging court to lift the order and allow the burial to take place, the lawyer said service providers of moving the body from Lee Funeral Home to Matungu had already been identified.
“Mourners are meeting daily in Nairobi, Lugari and at the constituency. Body preservation is also attracting bills. The speaker (of National Assembly) among other dignitaries planned to attend the burial,” said lawyer Lutta.
However, Ms Wangui through lawyer Danstan Omari urged court to reject the widows’ request for Sh10 million security fee.
“We urge court to read mischief in that application. The claim is simply to ensure that her right on access to justice, which is a constitutional provision, is denied,” said Mr Omari.
He added that the body should not be interred pending outcome of the DNA results and that the law should apply equally without consideration of special status.
The lawyer added that his client has established she is likely to suffer damage should her children be barred from participating in the burial arrangements.
He was quick to explain that in the court case, Ms Wangui is not seeking to be recognized as a widow of the deceased but is fighting for her right to be involved in the funeral.
“The issue of her being wife may be argued at the High Court in succession proceedings,” said the lawyer.
