Why a busineman’s body has been in morgue for three years

The graveyard at Ofunyu village in Nyalunya Kisumu County where the late Stephen Onyango Achola who died three years ago is supposed to be buried. [Collins Oduor/Standard]

At the heart of the stalemate is burial rights under Luo customs, although undertones reek of a succession battle over estate.

Battered by two-and-a-half years of heavy rains and scorching sun in Kisumu’s Kano plains, the concrete walls of a grave meant to be the final resting place for Stephen Onyango Achola are crumbling.

Some time in February 2016, burial plans were on at his home in Ofunyu village, Kisumu East, when three of his children came brandishing a court order halting the plans, leaving mourners in shock.

Dispute over where his remains should be buried had split the family down the middle, resulting in a sensational court battle pitting his second wife Jane Awino against children of his deceased first wife.

At the heart of the stalemate is Luo tradition, although undertones reek of a succession battle over estate of the businessman whose death was linked to diabetes.

So heated was the debate at the lower courts that Luo elders were called to share counsel on the way forward. But even their advice that a neutral ground accessible to both parties be selected could not resolve the standoff.

Norah Adongo, Gloria Apiyo and Paul Achola were opposed to plans by their stepmother to bury their father at a home built in their absence.

They argued that since the eldest son in the first marriage, Paul Onyango, was not invited when the home in Ofunyu was built some time in 2014, they and their guests could not be part of the burial ceremony in line with Luo customs.

Court transcripts show that they were pushing for the burial at a family cemetery, where they could access and partake in sending their father off. Ms Awino on the other hand maintained that as the surviving widow, she should have the rights to bury him at their home since he did not have a home with his first wife.

She lost the counter appeal twice and moved to the High Court, which last February 8 allowed her petition, handing her the burial rights.

In the ruling - civil appeal number 39 of 2017 - the court ordered that Onyango be buried at his homestead in Kisumu/Ofunyu/1638.

“That the appellant Jane Awino Onyango as the surviving widow shall lead the funeral arrangements together with her (nine) children and those of the deceased first wife and shall ensure participation of the entire family in the funeral and burial arrangements,” read the ruling.

A year and nine months down the line, Onyango’s body remains on the cold slabs at the Avenue Hospital mortuary in Kisumu, with mortuary fees rising by the day.

Ms Apiyo and Mr Achola told The Standard their step-mother had promised to have their father buried immediately after the ruling.

Achola said they raised Sh1 million from one of their father’s bank accounts towards settling hospital and mortuary fees and asked Ms Awino to surrender a title deed to one of their father’s estates to settle the remaining Sh1.2 million.

“She is yet to do this despite being in possession of all these documents,” he said.

He said even if they raised the amount, they would still not be able to inter their father's remains because the court ruled that Ms Awino leads the funeral. 

“All we want is to lay our old man to rest. It gives us a lot of pain knowing that he is lying in the mortuary nearly three years down the line. This has put us in a situation of permanent mourning because his spirit is yet to be set free,” said Apiyo.

Not respond

Ms Awino did not respond to our calls but her eldest daughter, Judith Atieno, who answered the call, was not willing to comment much on the matter, only referring us back to court files.

“If you want the truth, you peruse the court files, a lot of lies is being peddled here and I do not want to be a party to it,” she said.