In Summary
- After Ms Nzakwa’s death on August 31, 2004, her step-son Maurice Ndambuki Kitivo, went to court seeking an order to restrain his half-brother Michael Musau Kitivo (left) from burying his mother on a piece of land he claimed was given to him by their father before he died.
The body of a woman has been lying in a mortuary
in Machakos Town for nine years as her sons engage their step-brothers
in a protracted succession dispute.
An official at the Machakos Funeral Home told the
Nation over the phone that the body of Ms Esther Nzakwa Kitivo has been
in their custody since 2004. The bill is still rising as each day
passes, he added. It could surpass the Sh2 million mark by the end of
August if the body is not collected.
After Ms Nzakwa’s death on August 31, 2004, her
step-son Maurice Ndambuki Kitivo, went to court seeking an order to
restrain his half-brother Michael Musau Kitivo (left) from burying his
mother on a piece of land he claimed was given to him by their father
before he died.
In the case that commenced at the Chief Magistrate’s Court in Machakos, Mr Ndambuki sought orders to stop Mr Musau from burying his mother alongside their father’s grave on the land located at Kitanga in Kalama, Machakos County.
He also wanted it declared that the land his father gave him be deemed to be his to the exclusion of all other members of his father’s family, and, therefore, his step-mother could not be buried there without his consent.
In the case that commenced at the Chief Magistrate’s Court in Machakos, Mr Ndambuki sought orders to stop Mr Musau from burying his mother alongside their father’s grave on the land located at Kitanga in Kalama, Machakos County.
He also wanted it declared that the land his father gave him be deemed to be his to the exclusion of all other members of his father’s family, and, therefore, his step-mother could not be buried there without his consent.
Mr Musau argued that, according to Kamba customary
law, “the body of his mother should be interred next to her husband’s
grave on the disputed land”.
Mr Ndambuki insists that Ms Nzakwa’s body should
be buried on land her son, Mr Musau, was given by their father before he
died. The court agreed with Mr Ndambuki and rejected Mr Musau’s
submissions that his mother’s remains should be buried next to her
husband’s grave.
The court noted that the clan had identified a
site for Ms Nzakwa to be buried and halted Mr Musau’s plans to bury his
mother on the disputed land.
But the ruling by the magistrate’s court triggered
a decade-long legal battle when Mr Musau appealed to the High Court.
But Lady Justice Sitati, who heard his case, held the magistrate’s
ruling and dismissed the appeal.
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