Caroline Mumbua, who is locked in a burial dispute with her mother-in-law in an Eldoret court on September 23, 2024.
Relatives of a police officer, who died last month, have ganged up against his widow and declared that she cannot bury him since their marriage was not under Keiyo customary rites.
Caroline Mumbua lived with Victor Korir for 18 years and they bore four children. The deceased’s family confirmed the two lived together as husband and wife, but have refused to recognise Mumbua, citing unmet marital rites in line with their culture.
A day after Mumbua’s ‘mother-law’ disowned her, calling her one of her son’s many concubines, an uncle to the late police officer told an Eldoret court that according to Keiyo customary burial rites, the widow has no right to bury her husband of 18 years because the duo did not undergo the three customary marriage rites to seal their union.
The rites include showing up, or Koito, which entails dowry negotiation between husband and wife's families, and a wedding.
Because of this, Korir’s uncle told the court that Ms Mumbua would never be recognised as the legal wife of the deceased because according to the Keiyo culture, he died a bachelor.
"Even though Ms Mumbua was married to Victor for 18 years and was blessed with four children, we do not recognise her as his wife, but as a girlfriend since she has not gone through the three cultural rites, which are a must in our community," he told a court sitting on Monday.
The uncle to the deceased, while testifying before Senior Principal Magistrate Onkoba Mogire, said Ms Mumbua will be allowed to attend the burial of her husband just like any other mourner, and not as a wife since the deceased died ‘a bachelor.’
"Since the deceased died before going through the three customary rites with his wife of 18 years, we will bury him as a bachelor and not as a married man according to our culture," Mr Kurui told a packed court.
The police corporal died on August 20, at Reale Hospital in Eldoret, sparking a burial dispute between the widow and her late husband’s family, which has refused to recognise her as their late son’s wife.
Ms Mumbua has sued her mother-in-law and her brother-in-law, Hosea Korir, accusing them of planning to bury her husband in Kibendo village, Elgeyo Marakwet County against her wishes. The officer’s burial had been scheduled to take place on August 23 at his parents’ home in Kibendo village.
The widow is fighting to bury her husband on a piece of land she says they were given by her parents-in-law in Uswo Uasin Gishu County.
She insists that she was legally married to Korir and that the deceased's family paid the dowry in the form of four goats when they visited her home in Makueni County before his death.
Retired teacher Elizabeth Yator, 66, had earlier disowned Ms Mumbua, 38, noting that although she sired four children with the deceased, her son died a bachelor according to Keiyo customs, hence no woman can claim to be the next of kin or wife to the deceased.
While the ‘mother-in-law confirmed to the court that she and Korir’s other relatives took three goats to Ms Mumbua’s home in Ukambani, she insisted it was a present and not a dowry, refuting claims by ‘her daughter-in-law’ that the goats were a form of dowry according to the Kamba culture.
According to the ‘mother-in-law,’ the Kalenjin community only recognises payment of a minimum of four cows as dowry and not goats, while Ms Mumbua said the goats were documented as dowry according to the Kamba culture.
“I have never recognised her as my daughter-in-law as she claims in her court documents. The goats we took to her parent's home in Ukambani were just a present and not dowry,” she told the court.
She told the court that to the best of her knowledge, Ms Mumbua was never married to her son even though they were in a relationship for 18 years, adding that her late son had several concubines with whom he sired several children during his lifetime, and Ms Mumbua was among them.
“For Ms Mumbua to claim that she was legally married to my son, is a pure lie as she was just one of his many girlfriends, " said Ms Yator.
Ms Mumbua has since obtained a court order stopping the burial of her deceased police officer, which was to be held at his parent's home in Kibendo village on August 23.
The court has barred the retired tutor or her agents from interfering with the body of the police officer, which is being preserved at Iten County Referral Hospital mortuary, until the case before the law court is heard and determined.
The court will give a ruling date on Thursday after submission from all parties. The magistrate has directed the two parties to file their submissions through their lawyers before Wednesday after the defendants closed their case.
