A mother, her three children, and their cousin, charged with exhuming the body of her late husband who died 15 years ago, have been freed by a court in Eldoret to go back home are re-bury the remains as per Kalenjin community traditions.
Eldoret Principal Magistrate Kesse Cherono ordered the release of Sally Tanui and the four so they could conduct burial rites at their home in Leseru village, Kapseret subcounty.
The family had exhumed the remains of the late Noah Tanui, who died in 2010 amid a land dispute.
Cherono directed that the suspects be released on bond after the court was informed that grave was still open after it was dug out by the family members.
“Your honour, I request this court to consider releasing the accused on bond since the grave that contained the remains of the late is still open and it is posing a health hazard in the area,” said the OCS, Alividza Muhoye.
He said the family members were the only people who were supposed to return the remains and cover the open grave as per their community traditions.
Muhoye told the court that the accused said on the day of arrest, they decided to exhume the body to get attention on the long-running family land dispute that was frustrating them.
The court granted each of the accused a bond of Sh500,000 with an alternative cash bail of Sh100,000 each.
“Due to the nature of this matter and events surrounding this incident, the court has released you on Sh500,000 bond with an alternative cash bail of Sh100,000,” ordered the Magistrate as she directed OCS to help in facilitating the closure of the grave upon return of the remains.
In the case, a 51-year-old mother, her three children, and their cousin are charged with exhuming the body of their deceased father due to anger, anguish, pain and bitterness associated with a land dispute.
Sally Tanui, the wife of the deceased, together with William Cheruiyot, Abraham Kipyego, Faith Jepng’etich and Dickson Kipchirchir, were charged with exhuming the body without a permit, contrary to section 146 (1) of the Public Health Act CAP 242.
Police state that between April 5 and 6 at Leseru village in Turbo Sub County, the four unlawfully disturbed the body of Noah Tanui, who died at the age of 52 years and was buried in 2010.
The Prosecution told the court that the accused exhumed the body from the grave without a permit.
All the accused denied the charge against them.
The matter will be mentioned on April 28.
