Widower loses case stopping in-laws from burying wife

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Widower loses case stopping in-laws from burying wife
Widower loses case stopping in-laws from burying wife

Africa-Press – Kenya. A 72-year-old widower in Narok has lost the bid to block his in-laws from removing the body of his late wife from Umash Funeral home for burial.

This is after he was barred from taking part in the process as he was alleged to have had a hand in his wife’s death.

While dismissing Zachariah Silatei Ngetich’s application, the Narok court said his lawyer Danstan Omari failed to appear in the court proceedings.

Ngetich wanted to block his in-laws from taking the body of Judith Resiato for burial.

He claimed they were married in 1992 and paid the dowry and the two had five children.

The in-laws through city lawyer Harrison Kinyanjui had opposed the application by the businessman.

Kinyanjui said no mandatory injunction can be issued as sought by Ngetich seeking to stop her family from burying her.

“Zacharia Ngetich Silatei has come to court with tainted, unclean hands, having caused the death of the deceased Resiato and is disentitled to the pleas he has sought, having not produced any OB report to support his claims of alleged arson when he did cause the fire,” submitted lawyer Kinyanjui.

“Alleged road traffic accident, when in reality he contrived the said incident, of alleged trespassers and alleged “assault” he allegedly (without proof sufferedNgetich sought several orders including barring his in-laws from removing the body for burial and blocking Umash Funeral home from releasing the body to the family.”

In his court documents, he alleged that the cause of the death of his wife is yet to be established and that he is currently recuperating at Litein AIC Mission Hospital where he had been taken ill.

He said he is the lawful husband of Resiato but the family had made concerted efforts to ensure that he is locked out of the burial arrangements and the actual burial event.

Kinyanjui said a magistrate court lacks jurisdiction to declare that the businessman was the lawfully entitled person to decide where his late wife should be buried.

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