A Kisumu court has allowed a second wife in a polygamous marriage to bury her husband who died in February, 2019.
Kisumu Resident Magistrate Winfrida Kemunto said Ms Grace Were took care of her husband Mr Silvanus Nyang’wara Mwanja until he died.
The court, however, gave the first wife Siprosa Awino Nyang’wara 30 days to file an appeal before their husband is buried.
Mr Nyang’wara’s body has been lying at Life Care Hospital mortuary since his death at the health facility on February 2, 2019.
At the time of his death, Mr Nyang’wara he had been separated with his first wife Ms Siprosa Awino for 28 years.
Ms Awino, however, showed up on February 14 to stop Mr Nyang'wara's burial in his Sinoko home in Bungoma. She took the body to Bungoma Referral Hospital mortuary.
She then moved to court to seek consent to bury her late husband whom she married in 1986 before separating five years later. Mr Nyang’wara is said to have married his second wife Ms Were in 1990.
The court heard that Mr Nyang’wara had expressed his wish to be buried at his Sinoko home. Ms Were has termed the court ruling as fair.
“Finally justice has taken its course, the ruling was fair, it’s a matter of time before I bury my husband,” said Ms Were.
Ms Awino said she would appeal the ruling at the High Court.
“The ruling is unfair, being the first wife, I have to bury my husband as Luo customs demand,” she said.