Two families are embroiled in a legal tussle over a burial site for a secondary school teacher alleged to have been killed by her husband close to three months ago.
The family of the deceased obtained an order from a Kisii court restraining the husband from collecting and disposing the body at Riana in Bonchari until the case was heard and determined on April 12 this year.
Hyline Nyambusi Nyakwara, a former Bombaba secondary school teacher, was allegedly strangled by her husband at their residence at Omosasa in Bomachoge Borabu constituency in mid January this year after a domestic dispute.
The husband Joel Mogaka Mogire, collected the body and took it to Christa Marriane hospital mortuary claiming his wife had committed suicide by taking poison.
Police arrested the former pastor with the SDA church and a father of two and charged him with the offense where he was later released on bond by a Kisii court.
While in remand, his family and that of the deceased teacher met and agreed that her body be buried at Omosasa.
This was never to be. When the family of the deceased came to collect the body for burial, the accused refused to endorse its release from the mortuary.
The deceased’s family moved to court to press for the body of their daughter to be interred at Omosasa where they had bought land and established a home.
They suffered double jeopardy after they failed to participate in the case which was conducted and judgment delivered virtually owing to the ministry of health covid-19 protocols.
The case was ruled in favour of the accused whom the court allowed to bury the wife at his original home in Riana, Bonchari constituency.
When the accused went to remove the body, he was served with a court order restraint following an appeal by the deceased’s family against the court’s earlier judgment.
The deceased’s family claimed the partial orphans will be denied justice if their mother was buried in Bonchari where there was no established home, and that they might not benefit from the land which their parents bought at Omosasa.