The remaining body of Gabriel Mulwa had to stay in the mortuary for 16 months as two woman fought to bury him.
Joyce Mwango married the deceased under Christian law before differences emerged and they separated.
Mulwa later married Neema under Islamic law and lived with her until his death.
Ms Mwango was fighting to bury the deceased on his ancestral land, where they lived together until their separation. Neema on the other hand insisted he should be buried where they lived until he died.
Mwango told the court that Mulwa should be buried on his ancestral land according to Kamba traditions. But Neema held that the deceased had declared he should not be buried in his former wife’s homestead.
The push and pull went on until April 30 last year, when High Court judge George Dulu ruled that traditions were not a factor if the deceased had made his last wishes known.
“Thus where somebody has willingly decided not to be bound by customs, he cannot be forced. In my view, from the evidence on record, it is clear that it is not mandatory for a person from the Kamba community to be buried on his/her ancestral land. The issue will arise, which is this ancestral land and whether the so-called ancestral land is free for such a burial function. Such land might not be free for such a burial,” the judge said.
He said since Mwango had chosen to distance herself from Mulwa when he was alive, she did not deserve to claim his body
