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Family gets Court nod in bizarre ruling

A court in Machakos County has permitted a family to exhume the body of their relative after a disagreement arose in the manner in which the deceased was interred.


In a ruling that shocked members of the public, Chief Magistrate Alfred Kibiru issued the orders after Pelicia Mbula moved to court on January 8 this year seeking orders to exhume the body of her husband Stalinson David Wambua on allegations that he was buried while facing the ‘wrong direction.’


Wambua died on December 26, 2018 and was laid to rest on January 3 this year at his rural home in Mung’ala village, Mumbuni sub location, Machakos County.


According to Mbula, those who oversaw the ceremony erred since they failed place the remains of the deceased facing direction of the rising sun.


She noted that this was according to a long held practice in her community and it that would be a taboo not to accord the same to her husband.


The application was supported by the annexed affidavit of affidavit Pelice Mbula David on 8/1/2019 which was presented before the court.


And in a surprising twist, the court finally granted the wife the orders allowing the unearthing of the body and interning it in accordance to the Kamba customary laws.


While delivering the ruling, Kibiru said the family had a right to undertake the exercise as it was in accordance with the family’s traditions.


He nevertheless said the decision by the family was quite eccentric and one that he had never come across throughout his tenure as a judicial official.


And immediately after being handed the court order, the family left in a huff to go and undertake the bizarre exercise.


By Samuel Maina and Winnie Kavita


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