Court blocks cop's burial after his widow, family disagree

A court in Eldoret has issued an injunction blocking the burial of a police officer Vincent Kiplimo following a dispute between his widow Carolyne Mumbua and her in-laws.

Mumbua moved to court and obtained the orders on learning that her in-laws planned to bury the deceased at Kibendo, Keiyo in Elgeyo Marakwet and not at his matrimonial home at Uswo in Uasin Gishu county.

Mumbua has sued her mother in-law Elizabeth Yator and brother in-law Hosea Korir for sidelining her and planing the burial without involving her.

Senior principal magistrate Onkoba Mogire issued orders restraining the two or their agents from collecting the body from a morgue in Iten to dispose it off, until the matter filed before the court is heard and determined.

In her affidavit filed through Nyamwega Osoro and company advocates, Mumbua argues that she was taking care of her husband at Real Hospital in Eldoret until he died on August 20, 2024.

She claims that while at the hospital, her brother in-law asked her to surrender all documents and bank details belonging to the deceased.

Mumbua says she did not respond to the demand because she was still in shock as it was soon after her husband died.

She further claims that her brother in-law went to Harambee sacco offices to follow up on shares of the deceased since he knew that the deceased was a police officer.

She says her brother in-law further told her that she would not benefit from or access the benefits of the deceased.

Mumbua argued that her in-laws want the deceased buried at Keiyo Kapendo in Elgeyo Marakwet in total disregard of his matrimonial home on parcel number KARUNA/SOSIANI BLOCK 8 (USWO) /330 at Uswo sublocation within Uasin Gishu county without her involvement.

“They have gone ahead to make burial arrangements without her yet she is the spouse of the deceased,” said part of affidavit filed by her lawyer at the court.

Mumbua further claims that her in-laws planned to bury the deceased in Elgeyo Marakwet and then sell off his matrimonial home at Uswo thereby leaving her and their four children homeless.

She says she has been married to the deceased for the last 18 years and that the illegal acts by the in-laws were causing her substantial losses and damage at a time when she is still mourning her husband.

But in their reply, the in-laws argue that Mumbua obtained the court order by concealing material facts to the court.

They say the orders stopping the burial were premised on false allegation that she was spouse of the deceased, and that the land at Uswo belonged to the deceased without proving the same.

Yator argues in her affidavit she and her son Hosea are the next of kin to the deceased being his mother and brother.

Although Mumbua says she took care of her husband while at the hospital,  her mother in-law says she never went to the hospital and that only her children went to see the deceased.

Yator argues that Mumbua was only a girlfriend to the deceased and cannot unlawfully and illegally collect the body from Iten county hospital morgue and bury him on disputed land.

“Her actions are illegal and malicious and are likely to cause a bad omen to the family, given that the deceased cannot be buried by someone who was not his wife,” said Yator in her affidavit.

The in-laws argue that they stand to incur heavy losses because they had already used Sh500,000 on burial arrangements and another Sh150,000 to build a house for the deceased in Elgeyo Marakwet.

They want orders issued to Mumbua dispensed alleging that the same were obtained through a process that amounted to an abuse of the court process.

Hearing of the case is  ongoing.  Mumbua’s four children with the deceased were at the courts yesterday when the matter came up.

The deceased was a police officer in the rank of Corporal  based at Gekonga police station in Migori  county at the time of his death.