Riddle of top cop who has not been buried since 2015

Former Nairobi Provincial Police Chief Timothy Mwandi Muumbo [File, Standard]

The family of the former Nairobi Provincial Police Chief Timothy Mwandi Muumbo would have to part with millions of shillings in mortuary fees if they were to decide to collect his body from Lee Funeral home for burial today.

For three years, Muumbo’s children, Johnsone Kassim Mwandi, Alex Munyasya Muumbo and Carolyn Kalunde Muumbo, on one side, and Mwinzi Muumbo and Billy Mbuvi Muumbo, on the other have been fighting court battles.

By the time of his death on June 22, 2015, the former PPO was living in Kileleshwa, Nairobi with Billy and other family members of his second wife.

A long running dispute between his first family and second one had culminated in the suicide of his first wife, Phiata Muumbo in 2013.

After his death, his daughter, Carolyn teamed up with her brothers Johnsone and Alex and filed a case, HCCA No. 7 of 2016 at the family division in the High Court in Milimani against their brothers, Mwinzi and Billy.

The suit was over where the deceased would be buried; either in Mbakini area at plot Thitani/Migwani/1498 or in Nzatani area at plot Mwingi/Nzeluni/318.

They also contested the cause of death in a separate matter.

Ugly revelations

Amid a flurry of claims, counter claims and revelations, the first ruling was delivered on January 13, 2016, with Resident Magistrate P Muholi giving the respondents the rights to bury him at Mbakini area at Thitani/Migwani/1498 plot.

However, the losing side appealed and on August 6 this year, High Court Judge Justice M W Muigai turned the tables on the lower court’s ruling and all its consequential orders.

She gave the petitioners the rights and privileges to own and bury their father’s body where he was born and bred - Mwingi/Nzeluni/318.

In the ruling, Muigai said Muumbo was first and foremost a human being, spouse and then a parent. As a person who had admittedly resolved to reconcile his warring family towards his end, priority ought to have been to bury him.

“The deceased tried to bring closure to the family dispute. Instead the children of the deceased have stepped into the shoes of their respective parents and continue zealously to protect each parent’s right and/or attempt to resolve the family dispute.

“In the process they have all used the deceased’s burial as means of settling scores instead of prioritising a respectful and decent burial of their late father,” Justice Muigai observed in her judgement.

She further ordered that the deceased’s first born son, Mwinzi to adhere to Akamba customs and lead all other deceased’s children with patience, inclusive and consensus and respect in removing and receiving Muumbo’s body for the burial.

But Mwinzi and Mbuvi protested, citing bias and complicity against the judge. They sought conservatory orders to stay the execution of the judgement pending appeal.

Missing organs

Before the court could consider the application, a separate matter which has been running parallel to the dispute returned to cloud the situation. It is the matter to do with the missing heart of their father.

In the matter, Carolyn wants former chief government pathologist Moses Njue to return her father’s heart which he allegedly stole.

Last week, she told Justice Justice Wilfrida Okwany that her family is yet to bury the body because the cause of his death has not been established and some organs are missing.

According to Carolyn, the heart attack verdict returned by the first post-mortem conducted on their 83-year-old late father was disputed.

When they opted for a second one, the pathologist - Dr Emily Rogena - was unable to carry it out since the vital organs, including the heart, were missing.

The family then went for Dr Njue, asking the court to compel him to produce the organs, which he had claimed were at the Government Chemist.

A statement filed in court said Dr Njue told the family that the kidney and parts of the stomach were taken to the police and that he could not account for the heart.

Dr Njue and his son, Lemuel Anasha Mureithi, have since been charged with stealing Muumbo’s heart and are out on a cash bail of Sh300,000 each.

The former pathologist has filed a petition seeking to stop the trial.

He is facing another charge in Meru where another family has accused him of stealing the heart of Benedict Karau.

Meanwhile, Muumbo’s body has clocked a third year in a cold storage facility at Lee.