A Kisii court has allowed Evans Keera, father to late secondary school teacher Nancy Kemunto Mose, to bury her at his home, Nyabiosi village in Kisii County.

The ruling ends a protracted battle between him and the deceased’s husband, Bob Chweya, over the burial place.

Principal Magistrate Ezekiel Obina ruled that Chweya was not legally married to Kemunto, pictured, despite staying together for 11 years and siring two children.

Chweya had sued his father in-law, Keera and his son Cliff Mose, seeking to block them from burying the late Kemunto at their ancestral home.

Chweya had asked the court to allow him bury the late Kemunto at his Bobaracho home on the outskirts of Kisii town, arguing they were married in 2009 and had children together.

The magistrate said Keera never approved the marriage and that no dowry was paid. He further noted that the couple had not set up a home and stayed in rental houses in Mwembe and Nyanchwa estates in Kisii town.

He said Kemunto’s family cared for her when she was sick for about two years and even paid her hospital bills without any support from Chweya.

“It is not clear whether they stayed continuously for 11 years. Their relationship can be described as an on and off relationship,” Obina said.

He said Chweya cohabited with Kemunto and never took any steps to comply with the customary marriage and no consent was given by Kemunto’s family.