Man tells court tribal marriage rites bar woman from burying nephew
By Winstone Cheseremi, September 25, 2024
A man has told an Eldoret court that the wife of his deceased nephew cannot bury him because she has not undergone Keiyo customary rites.
Mzee Ben Kurui (pictured) told the trial court that according to Keiyo customary rites, Caroline Mumbua has no right to bury the remains of Victor Korir, her husband of 18 years.
The court heard that Mumbua will never be recognized as the legal wife of the deceased because she has not undergone three customary rites that includes showing up, Koito, which entails dowry negotiations between husband and wife’s families and wedding.
“Even though Mumbua was married to Victor for 18 years and they were blessed with four children, we do not recognise her as his wife but a girlfriend, because she has not undergone the three cultural rites that are a must in our community,” vowed Kurui.
Kurui was testifying before Senior Principal Magistrate Onkoba Mogire in a case where Mumbua has sued her mother in-law Elizabeth Yator, a retired primary school teacher and her brother in-law Hosea Korir for planning to bury late husband in Kibendo village, Elgeyo Marakwet county against her wish.
Attend burial
Kurui stunned the court when he charged that Mumbua will be allowed to attend the burial of her husband just like any other mourner but not as the deceased’s widow since their kin died a bachelor.
“Because the late Korir 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,” argued Kurui.
Mumbua wants to be given the right to bury her husband on a piece of land they were given by her parents in law at Uswo Uasin Gishu county.
The Police corporal died on August 20, at Real Hospital in Eldoret leaving behind seven children including Ms Mumbua’s four girls.
Mumbua insists that she was legally married to Korir and that the deceased’s family paid dowry in the form of four goats when they visited her home in Makueni county before his death.
While giving her evidence in chief last week, the deceased’s mother revealed to the court that her son never had a stable marriage as he had several concubines, Ms Mumbua included.
“For 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.
Mumbua has since obtained a court order stopping the burial 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 magistrate has directed the two parties to file their submission through their lawyers before today after the defendants closed their case.