A man has petitioned a court to allow him to exhume remains of his wife after his father-in-law allegedly stole her body and buried it.

Boaz Navuke Sidiga told court his father-in-law deprived him of the right to bury his wife.

He has sued Nathan Mulima Ombayo, who he accuses of collecting the body of Rebecca Awinja Eshitemi from the mortuary without informing him, and burying it.

Navuke argues that he should have been involved in the burial arrangements as the husband to the woman with whom he says they had three children.

Navuke swore that he paid dowry in full in August 1998 as per the Luhya customary laws and that the couple was married for more than 20 years.

He contended that their marriage was further solemnised on March 30, 2014 at African Divine Church, where a marriage certificate was issued. He produced "the certificate" as exhibit.

Trouble started when Awinja died on April 11 at Moi Teaching and Referral Hospital in Eldoret, where she was being treated for an undisclosed illness.

In his court papers, Navuke says Mulima accessed the hospital’s mortuary on April 20 and secretly took Awinja’s body for burial at Shibuli, Lurambi sub-county, away from their matrimonial home.

“The defendant, without a right, consent or consultation with the plaintiff, secretly buried the deceased at his home. The plaintiff already has a matrimonial home where, under Luhya customs, had both the legal and traditional rights to inter his deceased wife,” read his suit papers.  

Through lawyer Ondego Garo, the plaintiff told the court his father-in-law’s actions were calculated to make Awinja’s family suffer great anxiety and stress.

“The defendant's actions have caused breach of peace and anxiety to the plaintiff, having been deprived of the right to bury the love of his life of 20 years. His children are asking why their mother was buried far away from their home.”

Navuke insisted that his wife had expressed wishes to be buried at her home. Her husband would be buried next to her upon his death as per the traditions and being the legal husband.

He asked the court to direct that the body be exhumed and taken to Kakamega County General Hospital for preservation, pending hearing and determination of the suit.

The plaintiff wanted the officer in charge of the Station at Kakamega to effect the order.

Further, Navuke wants his father-in-law, his agents, relatives, servants or representatives to be barred from claiming the body or interfering with it.

The magistrate, however, noted the orders sought were substantive, requiring Mulima to respond to the pleadings.

He ordered that status quo be maintained and directed the defendant to file his responses within two weeks.

The case will be mentioned on May 10.