Karatina court allows woman to bury mother after two months delay

A Karatina court has allowed a woman who is an only child to bury her mother, whose body has been lying at a local morgue for more than two months.

This followed the woman’s dispute with her cousin over succession of her late father’s estate.

The remains of Charity Muthoni Muriithi have been lying at a mortuary in Karatina after her daughter, Ms Mercy Wambui Muriithi, moved to court to stop her burial, which was being organised by another person whom she termed a “stranger” in the family.

Muthoni was supposed to be buried at Ngorano village in Mathira West, Nyeri County, but her body has been lying at Jamii hospital mortuary. 

Ms Muriithi had been locked in a court battle with an uncle and a cousin, whom she accuses of wanting to disinherit her of her late father Muriithi Kiumi's estate. 

Karatina Principal Magistrate M N Munyendo had certified the matter as urgent and restrained the defendant Charles Karuri Ngotho, and Mr James Mwangi Githiui, from collecting the body from the mortuary for burial. The court also restrained the hospital from releasing the body to the defendants or their agents until the matter is heard and determined.

Funeral arrangements

"An order of injunction is hereby issued restraining and or prohibiting the defendants by themselves their agents, proxies, employees, accomplices or any other person claiming under them from accessing, viewing, removing, burying, cremating or disposing of the body of Charity Muthoni Muriithi," the order said.

They were also restrained from making any announcements of funeral arrangements in the media.

However, the court has now lifted the injunction and ordered that Ms Muriithi has the right to bury her mother, together with the relatives of her late father.

The court also allowed the cousin to attend the burial whose date is yet to be announced “as the same has no effect on the succession”.