Court of Appeal Judge Mwaniki Gachoka ordered Onderi’s body be released to Zipporah Mases Ondieki, his widow
Onderi died on April 19, 2023.
The court of appeal has settled the burial dispute of the late Borabu parliamentary aspirant Naftali Onderi Ontweka whose body has been lying at the lee funeral home for the past nine months.
Court of Appeal Judge Mwaniki Gachoka ordered Onderi’s body be released to Zipporah Mases Ondieki, his widow.
His brothers-Joseph Ontweka, Elisha Ontweka, Stanley Ontweka and David Ontweka-were given the freedom to attend the burial and perform the Gusii customary rites.
Judge Mwaniki Gachoka in upholding the High Court decision said Onderi’s remains will be buried on his parcel of land in Mavoko Town.
As soon as he died, two factions of his family could not agree on his place of burial and his body still lies in the mortuary.
During his lifetime, the deceased constructed a family home situated in Kamulu, Mavoko Town measuring approximately 5 acres.
He purchased the land on September 13, 2005.
The wife wanted him buried there as it was their matrimonial home.
The deceased also had a home in Kiango, Kisii County, where his brothers, wanted him buried, and another home in Kileleshwa in Nairobi County.
He was also building another home in Iyenga, in Kisii County on a property measuring 3 acres.
When he died, one of his brothers procured a burial permit intending to transport his remains to Kiango, Kisii County.
What followed was the wife filing a case in court.
She sought an order against the brothers restraining them from interfering, transferring, or burying the deceased’s remains in Kisii County and further that the deceased’s remains be released for burial at Kamulu.
She argued that since she ranked highest in priority together with her children, they were automatically entitled to decide where to bury the deceased.
In her view, the matrimonial home was the best place to bury the deceased as she would take care of the grave.
But the brothers said since the deceased and his family subscribed to Gusii customary law, he ought to be buried based on those cultural rites by 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 matter which emanated from the Magistrates was appealed to the Court of Appeal where the matter has now been settled.
