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Tharaka-Nithi man’s burial stopped after fight for body

Sunday September 1 2019

Burial tussle

A court in Chuka, Tharaka-Nithi County, has stopped the burial of a man who died last week after two women emerged, each claiming to be his wife, and demanding to bury him. PHOTO | FILE | NATION MEDIA GROUP 

ALEX NJERU
By ALEX NJERU
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A court in Chuka, Tharaka-Nithi County, has stopped the burial of a man who died last week after two women emerged, each claiming to be his wife, and demanding to bury him.

Mr George Kinyua had served as the secretary-general of the Kenya Union of Small Scale Tea Owners Association since its formation in 1995 until his demise.

His burial was scheduled for Friday last week in Kathituni village but the court issued an interim injunction after the two women started fighting for his remains.

STRANGER

Ms Mercy Wandia moved to court to stop the burial arguing that the respondent, Ms Evangeline Karimi, is a stranger to the family of the man and should not be allowed to bury the remains in Kathituni village.

Senior Resident Magistrate Mwanamkuu Sudi stopped the respondent, her agents or anybody else from collecting the body from PCEA Chogoria Mission Hospital mortuary for burial until the matter is heard and determined.

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In the affidavit prepared by the plaintiff’s lawyer Mr Kirimi Muturi, the respondent announced the demise of Mr Kinyua and went on to organise for his burial without the consent of his “family”.

In the affidavit, Ms Wandia also dismissed as a forged document, a Will that Ms Karimi alleges was written by Mr Kinyua on August 12, 2019 after realising that his health had deteriorated.

SICK

Ms Wandia argues that by then, Mr Kinyua was seriously sick and, therefore, could not reason or have energy to write the alleged Will.

The court certified the matter as urgent and set the hearing for September 12, 2019.

Mr Kinyua has left behind a lot of property including tea plantations and a chemist shop in Chuka town.

He fought many battles with Kenya Tea Development Authority on behalf of the small scale tea farmers in the country, both on the streets and in court while agitating for a better pay.

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