KENYA: A woman who disappeared from her matrimonial home for 28 years lost a bid to bury her husband.
Hellen Akello had vanished from Tobias Ayoki’s home in 1961, just three years after their marriage, after falling out with her co-wife, Mary Awino.
She, however, returned 28 years later in 1989 to find that her husband had married two other wives — Rosemary and Phoebe — and that Mary, the co-wife who made her walk out of the marriage had since become the first wife.
The husband built houses for the three wives at Rakoro village in Gobei, away from his other home at Okela village, Kisumu County.
Before his death, Mr Ayoki had given instructions to be buried at Rakoro village.
The instructions were witnessed by a family gathering (that Hellen did not attend) and minutes recorded.
However, upon his death in November 21, 2007, Rosemary, Phoebe and Hellen went to court to protest against the decision by Mary to bury their husband in Rakoro village.
The court ruled in their favour in August 1, 2007, but Mary and her son appealed on grounds that Hellen, the alleged first wife, was not recognised as the deceased’s dully married wife adding that he had not even built a house for her as custom demands.
It was said that upon her return, Hellen’s house was built by the area Anglican Church. Her lawyer, however, argued that the house was built by the deceased, and that the church only blessed it.
Mary’s lawyer argued that upon Hellen’s departure, she had gotten married to another man.
“It would have been a taboo for Tobias to build a house for her in such circumstances,” the lawyer argued.
The deceased, he said, had also pointed a spot at Goibei to his eldest son John Ombok Ayoki where he wished to be laid to rest, showed other relatives and close friends the same spot and expressed his intention as well.
Hellen’s lawyer argued that her client never re-married and even insisted that the deceased used to visit her at her employer’s house.
“There was no evidence that the two went through a customary divorce by Tobias receiving his dowry back and so Hellen remained his wife all the time. She left the matrimonial home in the 1960’s because she was in bad terms with Mary,” said the lawyer.
From the tabled arguments, Justice Mwera came to the conclusion that the deceased had not recognised the act of the church building a house for Hellen even though it was put up on his land.
He acknowledged the deceased’s last wishes on where he wished to be buried and ruled in Mary’s favour, that the late Tobias be buried in Rakoro.
“He had established another home at Rakoro where he lived with three of his wives and children and died there and expressed his wish to be buried there. He had even pointed to his son and others where he wished his grave to be,” said Mwera in his ruling.
“Those were wishes this court would consider to be put into force. They do not contravene any customary law,” he ruled.