A court has dismissed an application by Concelia Ondiek, widow of former Cabinet Minister Archbishop Stephen Ondiek, to exhume the body of a woman buried in her land in West Ugenya.
Status quo
The High Court in Siaya ruled that the status quo remains until her application in the lower court seeking to bar the family of the late Beatrice Apondi from burying her body in the same land is heard and determined.
Concelia is involved in a legal dispute with the late Apondi's family members, and has accused them of illegally burying the body on her family land.
Apondi's family claims she was married to one of Ondiek's sons, Solomon Ondiek, who lives overseas.
The woman's family buried her at night two months ago after Concelia barred them from accessing the family land, arguing that Apondi was not legally married to her stepson.
Concelia has accused Apondi's mother Grace Otieno and brother Wycliff Otieno of forcefully burying their kin on her land.
Justice Roselyn Aburilli ruled that exhuming the body would cause more misery to her family should the case at the lower court rule against Concelia.
"A lot of issues raised in this case can only be determined by the magistrate's court; for example, whether the deceased was truly married to Ms Ondiek's stepson," said Justice Aburilli.
She said Concelia had not given strong reasons to convince the court on what would happen to her if the body was not exhumed.
Unfair ruling
Justice Aburilli argued that it would be unfair for Apondi's family if she ruled that the body be exhumed only for the magistrate's court to rule in their favour.
"That will be double tragedy. Justice will be served better if we allow the body to stay in that land as the case continues. It will be unfair because should the case at the trial magistrate court favour them, they will have to bury the late Beatrice in the same land," she ruled.
In a sworn affidavit, Concelia claims Apondi was married to another man, with whom she had two children aged 18 and 16.
Concelia said Apondi should have been buried at her husband's home, according to the Luo customary law.
