Go for mediation, court tells wrangling parents of Kennedy Onyango

Parents of Kennedy Onyango, the 12-year-old boy who was shot dead during an anti-government protest, have been asked by a court in Mbita, Homa Bay County to consider Alternative Dispute Resolution (ADR) mechanisms to resolve their differences.
 
Mbita Principal Magistrate Nicodemus Moseti asked Kennedy’s parents to agree and address their disagreement privately rather than letting the court settle the matter for them.
 
The parents, Denish Okinyi and Jocinta Anyango, who are separated, had disagreed on where their son should be buried.
 
Mr Okinyi wants his son to be buried at his home in Kisaku Village, Kaksingri West Location in Suba Sub-county, while his estranged wife prefers that the child be interred in Kamasengre in Rusinga Island where she is now married.
 
She had made arrangements and was set to bury Kennedy on July 5, 2024 but was stopped by Mr Okinyo, who moved to court and obtained an injunction.
 
Mr Moseti asked the parents to talk and agree on the suitable place where they will bury their son.
 
"If the mediation fails, you can come back to the court for further directions," the magistrate said.
 
Courts in Homa Bay introduced mediation to reduce case backlog and save money for aggrieved parties, especially on family disputes.
 
In the court arbitration process, the parents will meet a mediator who will help them settle their matter out of court.
 
The process is set to begin on Thursday before a deputy register in charge of mediation.
 
Mr Humphrey Obach, representing Ms Anyango, raised concern about the condition of the Suba Sub-county hospital mortuary in Sindo where the body of Kennedy lies, saying it was not suitable for preserving the body considering that the matter in court may take long.
 
"Judging by the nature of what led to the death of the boy, I prefer that the body be taken to a private mortuary where services are better and the body can be in a good state when the matter is still being heard," Mr Obach said.
 
He told the court that Ms Anyango cannot access the body at the current mortuary and that the last time she did, she had to be accompanied by police.
 
He further said that due to proximity of Sindo to Mr Okinyi's home, his client did not feel safe visiting the mortuary.
 
"Let us propose a neutral place where both parents can access the body without fear of being harmed," Mr Obach said.
 
He first proposed that the body be taken to Med 25 Kirindo mortuary located along Mbita-Homa Bay Road, but Mr Okinyi opposed this saying he is not comfortable with the idea.
 
Instead, he proposed that the body be retained in Sindo town or any other government mortuary, including Homa Bay County Teaching and Referral Hospital.
 
"I will not feel safe going to Kirindo to view the body of my child," he told the court.
 
Eventually, it was agreed that the body be taken to Rosewood nursing home in Rongo.
 
Mr Moseti directed that the body be transferred under police watch.
 
"The OCS in Mbita will supervise the process. Both parties are at liberty to view the body but are not allowed to take it until the court determines the matter," the magistrate said.
 
Mr Sam Owino, who stood in for Edmond Kobil, representing Mr Okinyi, said the father will take care of the mortuary bills in Sindo since he was the one who sought court orders for the body to be kept there.
 
The court was also told that Ms Anyango will take care of the fees to move the body from Suba to Rongo.
 
She will also pay a deposit at Rosewood when the body arrives there.
 
However, there was a disagreement between the parties on who would pay the entire mortuary bill in Rongo when the case is determined.
 
The court determined that the decision will be made once the family gets to know the cost of preserving the body.
 
There was enhanced security in and around the courtroom as the session progressed. Mr Okinyi was accompanied by about 40 people.
 
The police had to stop them from accessing to the courtroom.
 
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