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Kenya does not have any legislation dealing with where and who should bury a dead person. Thus, the legal framework for disputes concerning burial rights is case law and precedent established by the Kenyan courts.
That said, any significant discussion on the legal framework for burial rights in Kenya starts from a look at the Court of Appeal ruling in Virginia Edith Wamboi Otieno versus Joash Ochieng Ougo & another, Civil Appeal No 31 of 1987 popularly known as the SM Otieno case.
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