A family in Mbuani village, Machakos County has finally buried the body of its family matriarch which has been lying in a mortuary for 17 years.

Esther Nzakwa Kitivo died on August 31, 2004 at the age of 93 years but her interment stalled because of a protracted legal tussle over a land dispute.

Nzakwa’s remains, which have been lying at the Machakos Funeral Home since her death, were on Saturday buried at her sons home pending the determination of an ongoing land case.

The burial ceremony, which lasted slightly more than an hour, was devoid of tension although there was heavy police presence. 

John Ndunda, one of her grandchildren, recounted how his granny took care of him and his siblings after the death of their mother in early 1980s.

“She used to serve me a big mug of tea and sweet potatoes which I enjoyed a lot.

She did all she could to take care for us after the death of our mother, even breastfeeding our last born sister,” said Ndunda, now a primary school teacher.

Her elder son Michael Musau Kitivo described her as a disciplinarian who made sure her children acquired formal education.

He said their mother’s interment was a big relief to the family which has been mourning for nearly two decades.

“I want to urge members of our family to maintain peace because our mother has finally rested. She was a hard-working woman who is behind our success,” said Musau.

Rev Julius Manthi described her as an astute Christian who nurtured many young people.

The mortuary bills have risen to over Sh3 million and her children have been calling on well wishers for help to clear the debt.

Home ownership

Nzakwa was the first of three wives of Gideon Kitivo Ndambuki, who died on December 13, 2000 aged 100.

The dispute has been handled by seven judges of the High Court and Court of Appeal. The case was first heard at a Magistrate’s Court.

The issue surrounding Nzakwa’s matrimonial home has been discussed at length in the courts but the declaration that she is the owner of the home has not been made.

On March 28, 2014, Justice Beatrice Thuranira Jaden declined to allow the body to be buried at her matrimonial home.

She said the court could not rely on traditional customs as testimony to decide where Nzakwa’s body would be interred.

An attempt to bury Nzakwa in 2004 flopped when one of her stepsons claimed to have consent from the Land Control Board.

The consent said the home belonged to him. He obtained a permanent injunction from a magistrate in Machakos.

The family, however, insisted that Nzakwa could only be buried at her home.

According to Kamba customs, the first wife is usually buried next to her husband at their matrimonial home.