Senior Resident Magistrate F. Terer issued temporary orders on September 29, 2025, preventing the removal of the deceased’s body from Umash Funeral Home in Nakuru.
The decision followed an urgent application filed by three of her children who opposed burial plans made by their siblings.
Children seek court intervention over burial plans
Julia Kemunto Ongubo, Joyce Kerubo Ongubo, and Jackson Momanyi Ongubo filed the application through lawyer Danstan Omari.
They asked the court to stop the planned burial, which was scheduled for October 3, 2025, in Nyamira County.
The three siblings accused Justus Morara Ongubo and Judy Kemuma Ongubo of organizing the funeral without involving them.
They claimed their siblings made important decisions about their mother’s burial without consulting the rest of the family.
Family raises concerns over mother’s death
The applicants told the court that Milka Moraa Ongubo died on September 21, 2025, in Nakuru.
They said they had cared for their mother for more than 10 years before her death.
According to court documents, they claimed Justus removed their mother from her Lang’ata home without informing them.
They alleged that their mother, who suffered from dementia, left the home without her personal items and medication.
The applicants said they only learned about her death after Justus shared the information through a family WhatsApp group.
Siblings demand joint post-mortem
The three children questioned the reported cause of death, which they said was cardiac arrest.
They told the court that their mother had recently undergone medical checks and showed no signs of a serious heart condition.
They also said they had not received medical records or a post-mortem report.
As a result, they requested a joint post-mortem examination to establish the cause of death.
Lawyer Danstan Omari argued that the court needed to intervene urgently to protect his clients’ right to participate in their mother’s final arrangements.
Sister rejects burial dispute claims
Judy Kemuma Ongubo opposed the application and described it as unnecessary and an abuse of court process.
She denied excluding her siblings from the burial arrangements.
Judy told the court that the family planned to bury their mother at her home in Nyamira County.
She argued that the funeral remained open to all family members and asked the court to allow the burial to proceed.
Court stops burial preparations
After reviewing the application, Magistrate F. Terer issued temporary orders stopping the removal of Milka Moraa Ongubo’s remains from Umash Funeral Home.
The court directed the funeral home to comply with the order until further directions.
The court will hear both sides during an inter-partes hearing on October 1, 2025.
The burial remains suspended until the court determines the next steps in the family dispute.
