The Court of Appeal has put a hold on the burial of Silas Igweta, an octogenarian, following an appeal from his second wife, Sarah Kathambi. This decision comes after a High Court ruling that favored his first wife, Grace Rigiri, in determining where he should be laid to rest. Appellate judges Katembu Kairu, Ngenye Macharia, and Lydia Achode decided to suspend the burial until the appeal is fully heard and resolved, stating that the issues raised by Kathambi were significant and warranted consideration.
Kathambi’s attorney, Danstan Omari, argued that failing to grant the appeal could lead to a situation where the body would need to be exhumed, causing distress to the family and tarnishing their reputation in the community. Kathambi and her children maintain that they had a close relationship with the deceased and that he had left his first wife’s home over 40 years ago.
In contrast, Rigiri contended that she was still legally married to Igweta and that preparations for the burial had already begun, with the body moved from a funeral home in Nairobi. However, the court dismissed her claims, emphasizing that the remains had not yet been interred, thus allowing the appeal process to continue without being rendered irrelevant.
