November 18, 2025

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Timely – Precise – Factual

Man in inheritance case to be buried after six months in mortuary

A 98-year-old man whose body has been lying in a mortuary for the past six months following a burial dispute will finally be laid to rest following a ruling by a Kisii court.

The court ordered the burial of Jackton Ocharo, a one-time official of the defunct Kisii municipal council, noting that it was time to let the man rest in peace.

A 50-year-old woman who claimed she was married to the man obtained a court injunction restraining his eight children from burying their father at Mokomoni Settlement Scheme in Nyamira County.

In January 2022, the court barred Prof Robinson Ocharo and his seven siblings from burying their father until Ms Jane Nyaboke’s petition was determined.

The late Jackton Ocharo whose body has been in the mortuary for six months over a burial dispute.

In her application, Ms Nyaboke alleged that the late Ocharo had told her that she should take charge of all burial arrangements as the only surviving widow if he died.

Ms Nyaboke asked the court to “issue an injunction restraining the defendants, the defendants’ family members, their agents, servants, or assignees from taking the body of Jackton Ocharo from the mortuary … until the hearing of the suit”.

She asked the court to order police commanders at the Kisii and or Nyamira police stations to provide security and assist in the implementation of the court’s orders.

Only surviving widow

Ms Nyaboke claimed she was the only surviving widow of the late Ocharo, who died on January 4.

She alleged that the late Ocharo’s children had excluded her from burial arrangements for the man she claimed was her husband.

However, the court determined that Ms Nyaboke, who had not provided any evidence of her alleged marriage to the late Ocharo, wanted to inherit the property he left behind.

“I must state at this point that having perused the pleadings herein, the central issue seems to be the properties of the deceased and the issue has been clothed as a burial dispute,” observed Principal Magistrate Stephen Onjoro in his judgment.