Two families in Kisii Central sub-county are embroiled in a court battle on who has the right to bury Nancy Kemunto, a secondary school teacher, who died last month.

Kemunto’s body has been lying at the Kisii Teaching and Referral Hospital morgue.

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

Through lawyer Lazarus Mose, Onkoba says the two have denied him a chance to take part in Kerubo’s burial arrangements, arguing he had not paid dowry.

Keera, through defence lawyer Philemon Ochwangi, told Kisii Resident Magistrate Ezekiel Obina that Onkoba has been cohabiting 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 his daughter at his home in Nyaura.

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

According to his lawyer, Onkoba a pharmacist, and Kemunto have lived  as wife and husband for 11 years and have portrayed themselves so, adding they should be treated the same even in death.

“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,” said the lawyer.

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

He argued the family does not know Onkoba and has never visited the family. 

Lawyers from both sides will make their final submissions today.