An advocate, Albert Ongoso, guides a witness during cross-examination at Ndhiwa courts/Robert Omollo
The burial of a 35-year-old man who died more than five months ago remains in limbo after two families engaged in a legal battle over who should bury him.
Joab Otieno died of an illness at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu on April 14. He was buried a few days later at Kakelo village, Seme, in Kisumu County.
However, the body was exhumed a few days after the burial and transferred to the Ndhiwa Sub-county Hospital mortuary following a court order.
The development followed a dispute in which two families claimed ownership of Otieno’s body.
In the dispute, Otieno’s mother, Monica Auma, complained that the family of the late Paul Otieno Nundu wanted to deprive her of her son’s body.
Auma is a resident of Kogo Komolo village, South Kanyamwa Location, Ndhiwa, in Homa Bay County, where she is married to Joseph Nyodiero.
The late Nundu’s family is the one that buried Otieno in Seme in April before his body was exhumed.
In the legal battle at the Ndhiwa court, Auma has sued Jennifer Nundu, a sister to the late Paul Nundu, as the first defendant. She also sued Joel Nundu, Paul’s brother, as the second defendant.
Auma argues that Nundu’s family secretly buried her son in Kisumu County without her knowledge.
The hearing of the case has started, with Auma’s brothers, Paul Odhiambo Ywaya and Richard Otieno Ywaya, testifying.
The two residents of Uriri Sub-county in Migori County disowned Nundu’s family as their in-laws.
According to Odhiambo, Monica was first married to Nyodiero, but they later disagreed. She then returned to her parental home in Uriri, where she stayed for some time before she went to cohabit with the late Nundu.
Odhiambo said that at the time, the late Joab was five months old in the womb.
He explained that Monica stayed with Nundu for four years before returning to her marriage with Nyodiero in Ndhiwa.
“My late nephew does not belong to the said Nundu’s family. He belongs to the family of Nyodiero in Ndhiwa,” Odhiambo said.
He added that they only recognise Nyodiero as their in-law.
Odhiambo said Nyodiero fulfilled the cultural requirement of formalising his marriage to Monica by paying dowry in line with Luo customs.
“Nyodiero, in line with our culture hence he is the in-law we recognise in this matter,” Odhiambo said.
He said the late Nundu neither paid dowry nor visited their family to establish any relationship with them.
“We don’t recognise Nundu’s family because nothing is proving a marriage with Monica,” Odhiambo said.
His brother Richard testified that it was improper for the late Nundu’s family to bury his nephew.
“My late nephew belongs to Nyodiero who formalised his marriage with my sister,” Richard said.
The claimant’s lawyer, Albert Ongoso, questioned why the deceased had been presented under two different names. The complaint identifies him as Joab Oloo Otieno, while the defendants presented him as Joab Nundu Otieno.
“I don’t understand the reason for these conflicting names which have been assigned to the same deceased person,” Ongoso said.
However, Jennifer’s lawyer, Kennedy Okong’o, and Joel’s lawyer, Marvin Odero, put the witnesses to task to explain why they were disowning a relationship with the late Nundu’s family.
More witnesses are expected to testify before Ndhiwa Principal Magistrate Phyllis Shinyada, who is presiding over the case.
