Two families in Kisii Central are battling in court over the site for the burial of Nancy Kemunto Mose, a secondary school teacher, who died last month and his body is at Kisii Teaching and Referral hospital morgue.

Her husband, Bob Onkoba Chweya, has sued father-in-law, Evans Keera and brother-in-law, Cliff Moses and wants the court  give orders to  allow him bury his wife at his home in Bobaracho in the outskirts of Kisii town.

Through lawyer Lazarus Mose, Onkoba says the father-in-law and the brother in law have denied him a chance to take part in the burial arrangement, arguing he never paid dowry.

Keera, through defence Lawyer, Philemon Ochwangi, told Kisii Resident Magistrate, Ezekiel Obina, Onkoba cohabited with Kemunto since 2009 and sired two children. She was a teacher at Masongo secondary school.

He told the court that since the son-in-law never paid dowry, there was no marriage and therefore, he should be allowed to bury her daughter at his home in Nyaura.

“The contestation by the father-in-law there is no marriage is a fallacy and misleading the court. Nonpayment of dowry does not nullify a marriage,” Lawyer Mose told the court.

The Lawyer said Onkoba, a pharmacist  and Kemunto have stayed as wife and husband for 11 years and have portrayed themselves so, adding they should be treated the same even in death.

He added: “in cases where dowry has not been paid traditionally, it can be done and burial carried on without hitches.  Onkoba should be allowed to bury his wife.”

Keera’s Lawyer had told the court that, according to the family, Kemunto was not married and wondered why someone could claim to a husband.

He argues the family does not know Onkoba, he is a stranger to them and has never visited the family or attended any funeral in their area.

The two Lawyers will make their final submissions today.