The High Court has asked elders to help resolve the burial dispute of an Eldoret woman whose body has been lying at a morgue for six months.
Major (Rtd) John Seii who is chairman emeritus of the Kalenjin Elders Council, locally known as Myot, has been asked to lead the mediation process.
The body of Catherine Jerotich, 65, who was allegedly married to Kenya Defence Force officer Barnabas Kendagor (deceased), has been lying at the Racecourse Hospital morgue.
This is after her co-wife, Salina Kendagor, obtained a court order stopping the burial, which had been scheduled for March 27.
Justice Reuben Nyakundi is handling the dispute in which Salina wants the court to order that Jerotich be buried at the home of her uncles and not on land owned by the ex-KDF officer in Uasin Gishu county.
The family is also engaged in a succession dispute over the estate of the deceased but Nyakundi directed the elders to only handle the burial dispute.
“The other matters can be determined later but it will be important to ensure the deceased is laid to rest so that her spirit can also rest in peace,” Nyakundi said.
Lawyers in the case Andrew Kibii and Ngigi Mbugua agreed to the mediation process.
The elders are expected to come to court on August 27, to confirm the progress of the mediation and inform the court whether the burial site dispute will have been solved.
Justice Nyakundi said the court was ready to adopt the outcome of the mediation.
“I am happy that after your discussion with your lawyers, you have decided to try an alternative dispute mechanism which is also allowed under Kenyan law. I will be part of the process to help you come up with a resolution that will be more cohesive and which will not destabilise the family,” Nyakundi said.
The judge further commended the warring parties for their resolution to settle on Seii as their lead mediator noting that he is a well known with local and international reputation.
While testifying in court on Tuesday, Salina said Jerotich was only her husband’s girlfriend and not a co-wife.
“When he married me, he never informed me that he had another wife but he introduced to me a son whom he sired with the girlfriend,” she said.
Salina, who is represented by lawyer Mbugua, said this was why she allowed the now deceased son, identified as Stanley Kiplagat, to be buried at her matrimonial home in Moiben subcounty in Uasin Gishu last year.
She also told the court that she only recognises Kiplagat and Viola Chebet as the only two children that her husband sired out of wedlock.
Justus Kosgey, who is also a son of the ex-KDF officer, moved to the High Court to demand that his deceased mother be buried next to where Kiplagat was laid to rest.
Jerotich’s uncles however argue that she was the first wife of the ex-KDF officer and should be buried on his land.
