Senior Resident Magistrate F. Terer issued the orders on October 8, 2025, after two siblings moved to court seeking inclusion in their mother’s funeral plans.
Siblings clash over burial arrangements
Julia Kemunto Ongubo and Joyce Kerubo Ongubo filed the case against their siblings Justus Morara Ongubo and Judy Kemuma Ongubo.
The two sisters told the court that their brothers had planned the burial without involving them.
They asked the court to stop the arrangements and allow all family members to participate in decisions concerning their mother’s final send-off.
They also requested a joint post-mortem examination to establish the cause of death.
Family raises concerns over mother’s death
Milka Moraa Ongubo died on September 21, 2025, in Nakuru.
The plaintiffs told the court that they had cared for their mother for more than 10 years.
They said they became aware of the burial plans through an obituary notice issued on September 28, 2025.
The sisters claimed the notice excluded them from important funeral decisions.
The defendants denied the allegations and argued that no burial dispute existed.
They told the court that the family had already planned to bury their mother at her ancestral home in Nyamira County.
Court recognizes equal rights among children
Magistrate Terer ruled that all children of the deceased have equal rights to participate in burial decisions.
The court rejected the defendants’ objection concerning the plaintiffs’ affidavit and allowed the matter to proceed.
The magistrate relied on the Court of Appeal decision in SAN-vs-GW [2020] eKLR, which recognizes close family members as having burial rights.
The court stated that neither side had greater authority over the other when deciding their mother’s burial arrangements.
Court sets burial and post-mortem plan
The magistrate ordered the family to move Milka Moraa Ongubo’s body from Umash Funeral Home in Nakuru to its Nairobi branch.
The plaintiffs will pay for the transfer.
The court directed the children to conduct a joint post-mortem by October 14, 2025.
It also allowed the family to hold a memorial service at CITAM Church in Karen, Nairobi, on October 15.
Both sides can attend the memorial service.
Family to oversee burial together
The court directed all children to transport their mother’s body together to Nyamira County on October 16.
The family will hold the burial on October 17, 2025.
The magistrate ordered both sides to prepare the eulogy and final burial programme together.
The court also directed Lang’ata and Nyamira Police Stations to assist in enforcing the orders.
The ruling emphasizes the importance of family unity and equal participation during burial arrangements.
