Woman, son in legal tussle over where to bury daughter

A woman in her late 80s has sued her son for taking the body of his sister for burial away from her parents' land.

Diana Segero has obtained a court injunction restraining her son from burying his sister in any land, pending the hearing and determination of the suit.

Timina Nasimiyu, 66, died on May 16 while undergoing treatment after an accident.

Segero and her son Samuel Mulavu have since disagreed on where to bury Nasimiyu, who was not married. However, she has four adult children, the eldest being 44 years.

While Segero insisted that her daughter should be buried at Musingu in her father’s compound, Mulavu maintained that his sister should be buried on a land her elder son bought her in Lutoto.

Mulavu went ahead to retrieve the body from the mortuary only to be served with an order his mother had obtained suspending any burial. Officers from Shinyalu Police Station returned the body to the mortuary.

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In court papers, Segero maintains it is a customary procedure that a woman who is unmarried must be buried in her father’s land.

Through lawyer Innocent Ondieki, the petitioner told the court she would suffer unspecified “irreparable loss and damage” adding that the defendant had a hidden agenda and wanted to bury his sister in an unknown place.

But Mulavu told Kakamega Chief Magistrate Bildad Ochieng’ that Nasimiyu’s children would suffer irreparable losses if they were not given an opportunity to bury their mother at their place of interest.

The matter was certified as urgent and will be heard today.

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