The legal battle has pitted Mr. Kinani’s biological children against the children of his second wife, with each side insisting on a different burial site.
Burial delayed as family dispute continues
Mburu Kinani died on November 20, 2024, but nearly ten months later, his body remains at the AIC Kijabe Hospital mortuary as the courts determine the appropriate burial location.
His biological children want him buried at his ancestral home in Gatanga, Murang’a County, where his parents and first wife were buried.
The children from his second marriage, however, argue that he should be buried on his farm in Gilgil, Nakuru County, beside their late mother.
Magistrate’s court favoured Gatanga burial
The dispute was first determined by the Nairobi Principal Magistrate’s Court in June 2025.
The court ruled that Mr. Kinani should be buried in Gatanga, relying on Agikuyu customary law.
The decision was challenged by the children of the second wife, who appealed to the High Court.
High Court overturns earlier ruling
On September 16, 2025, Lady Justice Hellen Namisi overturned the Magistrate’s Court decision and ordered that Mr. Kinani be buried in Gilgil.
The judge held that although there was no clear evidence of the deceased’s express burial wishes, his conduct throughout his lifetime demonstrated a strong connection to Gilgil.
Justice Namisi noted that Mr. Kinani had lived there for more than four decades, established his home in the area, and entered into a statutory Christian marriage with his second wife in 2020.
The court also considered correspondence dating back to 2009 indicating a strained relationship with his first family.
According to the judge, enforcing a strict customary rule requiring burial in Gatanga would ignore the deceased’s personal choices and would be inconsistent with justice.
Appeal filed to stop burial
Shortly after the High Court judgment, the biological children, through lawyer Danstan Omari, filed a Notice of Appeal and an urgent application seeking to suspend the burial.
They want the Court of Appeal to stay the execution of Justice Namisi’s orders until the appeal is determined.
According to the applicants, allowing the burial to proceed in Gilgil would permanently defeat their appeal because the burial could not later be reversed.
They argue that the emotional loss they would suffer cannot be compensated.
Appeal raises multiple legal questions
The appeal challenges several aspects of the High Court’s decision.
The biological children argue that the judge relied on documents they claim were not properly introduced before the trial court.
They also contend that the court misapplied legal principles concerning the deceased’s connection to the competing burial sites.
The appellants maintain that, as the deceased’s biological children, they have the strongest legal claim regarding his burial arrangements.
Court of Appeal to decide next step
The Court of Appeal must now determine whether to temporarily halt the burial pending the hearing of the appeal or allow the High Court’s decision to take effect.
Its decision will determine whether the late Mburu Kinani is finally buried after months of legal proceedings or whether the dispute continues until the appeal is fully heard.
Justice Namisi acknowledged the sensitivity of the matter in her judgment, observing that whichever side succeeded, another part of the family would inevitably remain dissatisfied.
