Court battle ignites ahead of former minister's burial

By Wahome Thuku

A family row has erupted over the burial of former cabinet minister Arthur Kinyanjui Magugu who passed away last week.

Jacquiline Njambi Kinyanjui who claims to be Magugu’s daughter has filed a suit at the High Court seeking to be allowed to participate in the burial scheduled for Friday. 

But an urgent application to have the burial stopped was rejected by High Court judge David Onyancha.

Ms Kinyanjui 36, filed the suit at the Milimani Court in Nairobi claiming she had been sidelined in all the burial arrangements.

She filed the case through lawyer Irungu Kangata against Magugu’s first wife Margaret Wairimu. Ms Kinyanjui says she is the daughter of Magugu’s second wife Maria Wambui Njuguna.

Magugu a former Githunguri MP died on Saturday at his home in Kiambu after a long illness.

Magugu won the Githunguri seat five times between 1969 and 1988. Then he served as a powerful minister in several dockets including Finance and Transport. He lost it to former vice president Dr Josphat Karanja then Mr Njehu Gatabaki only to recapture it in 2002. Due to his failing health he did not defend the seat in 2007.

Ms Kinyanjui claims Magugu’s first wife has sidelined her despite initial indications that she would be involved. She also claims that Wairimu has published falsehood that she is not Magugu’s daughter.

In a birth certificate she attached to the application indicates she was born on June 14, 1976 at Matter Hospital in Nairobi. It names Magugu as the father.

She also attached noted by Magugu to her mother forwarding her upkeep and education fees. Ms Kinjanjui said the former minister supported her in his lifetime and that she supported him when he was ailing.

She says the family had excluded her name in the newspapers obituaries and diminished her economic prospects.

“As a result I have suffered mental anguish and distress and also pecuniary loss,” she told the court.

The woman said Magugu and his wife are bound by the Kikuyu burial customs which dictates that all children must be involved in the funeral preparations of the deceased.

Ms Kinyanjui claims the step-mother had restrained her from attending the funeral meetings at the deceased’s home at Ridgeways.

“She has told me to refrain from attending the burial of my late father otherwise I will face unspecified consequences,” she told the court.

She said by virtual of being Magugu’s daughter she was entitled to be part of the funeral organizing committee, to eulogize the father and to participate in all the custom rites.

She wants a declaration that excluding her from the funeral arrangements and burial rites is unlawful and illegal.