Kisii Politician Naftali Ontweka To Be Buried After 9 Months Of Legal Battle
The burial disagreement concerning Naftali Onderi Ontweka, the deceased parliamentary aspirant from Borabu, has been resolved by the court of appeal. His remains have been at the Lee Funeral Home for the last nine months.
Judge Mwaniki Gachoka from the Court of Appeal directed that the remains of Onderi be handed over to his widow, Zipporah Mases Ondieki.
Joseph Ontweka, Elisha Ontweka, Stanley Ontweka, and David Ontweka, his siblings, were granted permission to participate in the funeral proceedings and carry out the traditional Gusii rituals.
Judge Mwaniki Gachoka, in affirming the High Court ruling, stated that Onderi’s body will be interred on his piece of land located in Mavoko Town.
Onderi died on April 19, 2023.
Upon his demise, a disagreement arose between two factions within his family regarding the location of his burial. Consequently, his remains remain in the mortuary.
In his lifetime, the individual built a residence for his family in Kamulu, Mavoko Town, covering an area of around 5 acres.
He purchased the land on September 13, 2005.
The wife wanted him buried there as it was their matrimonial home.
The individual who passed away also owned a residence in Kiango, Kisii County, where his siblings wished for him to be laid to rest. Additionally, he had another property in Kileleshwa, located in Nairobi County.
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He was constructing an additional residence in Iyenga, located in Kisii County, on a 3-acre parcel of land.
Upon his demise, one of his siblings obtained a burial authorization to convey his body to Kiango in Kisii County.
What followed was the wife filing a case in court.
She requested a court order to prevent the brothers from intervening, transferring, or burying the deceased’s body in Kisii County. Additionally, she sought permission for the deceased’s remains to be released for burial in Kamulu.
She contended that, given her top priority status alongside her children, they inherently had the right to determine the burial location for the deceased.
According to her perspective, she believed that the ideal location to enter the departed was within the marital residence, as she intended to personally tend to the grave.
However, the siblings asserted that as the departed individual and his family adhered to Gusii’s customary law, it was appropriate for him to be laid to rest according to those cultural traditions as per the wishes of his brothers.
“To us, irrespective of where he acquired properties across the country, the burial rites under Gusii customary law ranked highest,” said the brothers.
The issue that originated from the Magistrates was taken to the Court of Appeal, and it has now been resolved at that level.
Kisii Politician Naftali Ontweka To Be Buried After 9 Months Of Legal Battle