BY JUDY OGUTU
body>< body>A man is seeking a court order to stop the cremation of his brother’s body saying the act is against customary law.
body>Mr. John Oleng Omondi, who claims to be the brother of city dentist the late Dr Joseph William Owino Radol, is asking the High Court to declare that cremating his body is contrary to the Luo customary law.
body>< body>Omondi has moved to court together with Mr. Charles Opondo Apuko. The two also want the court to restrain the widow, Ms Svetlana Radol from cremating the body which is lying at Lee Funeral Home.
body>< body>On Wednesday, Omondi took to the witness stand and told Justice Weldon Korir that he had been sent by the Seje clan to file the suit and that customary laws give him the right to come to court.
body>< body>The 56 year-old man informed the court that he was an elder and the clan, which has about 300 people, had sent him to court.
However, while being cross-examined by the defence lawyer, it emerged that there was no document filed in court to show he had been sent by the clan.
Opondo, who is also a petitioner in the burial case, told the judge that he had seen an advertisement in a newspaper which indicated that the doctor’s remains would be cremated.
body>< body>“Our family is against cremation. We went to bury him, according to our traditions, we bury bodies,” Opondo said.
He also told the court that before any burial is done, they would be required to sit down as elders and decide on the burial site.
On her part, the widow wants her late husband cremated, saying it was always his desire to enable her cope with the loss.
body>< body>Her two daughters, aged 37 and 40, have also expressed their late father’s wishes, which they say should be respected.
body>< body>“I have more right to my husband’s remains than impostors who claim to be related to my husband on his death. I believe there is nothing unlawful, wrongful or illegal about cremation of my husband’s remains as per his wishes,” the widow said.
body>< body>She further said that as a family they have used a lot of resources in treating her husband, who succumbed to injuries following a road accident in 2009.
body>
