Burial in limbo as two families claim 35-year-old man's body

Paul Odhiambo Ywaya, uncle of the late Joab Oloo Otieno, testifies before Ndhiwa Law Courts. [James Omoro, Standard]

The burial of a 35-year-old man who died more than five months ago is in limbo as two families fight over who should bury him.

Joab Otieno died of an illness at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu on April 14, 2026. He was buried a few days later at Kakelo Village, Seme Sub-County in Kisumu County.

But the body was exhumed and transferred to Ndhiwa Sub-County Hospital mortuary following a court order.

This resulted from a controversy in which two families are claiming Otieno’s body.

Otieno’s mother, Monica Auma, complained that the family of the late Paul Otieno Nundu wanted to deprive her of her son’s body.

Monica, who is married to Joseph Nyadiero, is a resident of Kogo Komolo Village, South Kanyamwa Location, Ndhiwa Sub-County in Homa Bay County.

The late Nundu’s family buried Otieno in Seme before his body was exhumed.

In the legal battle before Ndhiwa Law Courts, Auma has sued Jenniffer Nundu and Joel Nundu, siblings of the late Paul Nundu.

Auma argues that the Nundu family secretly buried her son in Kisumu County without her knowledge.

Auma’s brothers, Paul Odhiambo Ywaya and Richard Otieno Ywaya, testified during the hearing.

The two residents of Uriri Sub-County in Migori County disowned Nundu’s family as their in-laws.

According to Odhiambo, Monica was first married to Nyadiero, but they later disagreed. She then went back to her parents’ home in Uriri before she started cohabiting with the late Nundu.

Odhiambo said that at the time, the woman was five months pregnant with Joab.

He revealed that Monica stayed with Nundu for four years before returning to her marriage with Nyadiero in Ndhiwa.

“My late nephew does not belong to the said Nundu’s family. He belongs to the family of Nyadiero in Ndhiwa,” Odhiambo said.

He said they only recognise Nyadiero as their in-law.

Odhiambo said Nyadiero fulfilled the cultural requirement of formalising his marriage with Monica by paying dowry in line with the culture of the Luo community.

“Nyadiero, in line with our culture, hence he is the in-law we recognise in this matter,” Odhiambo said.

He told the court that the late Nundu neither paid dowry nor made any visit to their family to show any relationship with them.

“We don’t recognise Nundu’s family because nothing is proving a marriage with Monica,” Odhiambo said.

His brother Richard testified that it was improper for the late Nundu’s family to bury his nephew.

“My late nephew belongs to Nyadiero who formalised his marriage with my sister,” Richard said.

The claimant’s lawyer, Albert Ongoso, wondered why there were two different names for the deceased man. The complaint presented the name as Joab Oloo Otieno, while the defendants presented the name as Joab Nundu Otieno.

“I don’t understand the reason for these conflicting names which have been assigned to the same deceased person,” Ongoso said.

However, Jenniffer’s lawyer, Kennedy Okong’o, and Joel’s lawyer, Marvin Odero, put the witnesses to task to explain why they were disowning a relationship with the late Nundu’s family.

More witnesses are expected to testify before Ndhiwa Principal Magistrate Phylis Shinyada.