Who can bury my father?

By HAROLD AYODO

Dear Harold,
Our polygamous family is undergoing a protracted battle over the burial of our father who passed away three weeks ago after battling cancer for nearly five years.

The bone of contention is the wealth he left behind. He never wrote and consequently, our three mothers are demanding to bury him in their compound to automatically inherit his property. Can this happen? Can my mother (the third wife) who spent the most time by his bedside when he was ailing be his only heir?

Belinda K, Naivasha

Dear Belinda,
Anyone who buries a dead person does not automatically get a better claim to his or her property.

Furthermore, even your mother who took care of your ailing father does not acquire a better claim than her co-wives.

Legally, recent judgments show that property is divided to all widows married to one man but according to the number of children in each house.

Separately, the tug of war over who to bury your father can be settled in court. Since your father died intestate — without a Will — the court will follow his customs or religion.

However, his customary law of burial and relationship of parties must be proved.