In a ruling delivered on October 8, 2025, the Milimani Commercial Magistrate’s Court has issued orders to resolve a burial dispute among the children of the late Milka Moraa Ongubo. Senior Resident Magistrate F. Terer directed that all of the deceased’s children must jointly participate in the funeral arrangements, ensuring none are excluded from the process.
The case was filed by Julia Kemunto Ongubo and Joyce Kerubo Ongubo against their brothers, Justus Morara Ongubo and Judy Kemuma Ongubo. The plaintiffs had sought court orders to stop the defendants from proceeding with the burial without their involvement and to have a joint post-mortem conducted on their mother’s body.
The court heard that Milka Moraa Ongubo died on September 21, 2025, in Nakuru. The plaintiffs expressed shock at her death, stating that their mother had previously undergone medical check-ups and showed no signs of imminent cardiac arrest, the cause of death alleged by the defendants.
They told the court they had been their mother’s primary caregivers for over a decade, while the first defendant resided abroad. They learned of the burial plans through an obituary notice dated September 28, 2025, which they described as exclusionary.
The defendants, in their response, had initially argued the application was frivolous and an abuse of court process. They contended there was no burial dispute as the deceased was to be buried at her ancestral home in Nyamira County and denied preventing the plaintiffs from participating.
In his determination, Magistrate Terer dismissed the defendants’ technical objection regarding the plaintiffs’ affidavit, finding it was properly commissioned. Citing the Court of Appeal precedent in the case of SAN-vs-GW [2020] eKLR, the magistrate affirmed that the law recognizes the persons closest to the deceased as having the right to bury them, with children being among the primary rights-holders.
The magistrate found that a genuine dispute existed, as the plaintiffs were being sidelined from critical decision-making. He ruled that all parties, being biological children of the deceased, possess equal rights to decide on the burial. “Neither the Plaintiff’s nor the Defendants have superior rights to make definitive decisions regarding the burial of their mother,” the magistrate stated.
To balance these rights, the court issued specific orders. The body of the late Milka Moraa Ongubo is to be transferred from Umash Funeral Home in Nakuru to its branch in Nairobi, with the plaintiffs bearing the cost. A joint post-mortem must be conducted by October 14, 2025. The plaintiffs are permitted to hold a memorial service at CITAM Church in Karen, Nairobi, by October 15, which the defendants are allowed to attend.
Finally, the body will be transported jointly by all the children to Nyamira County on October 16, 2025, for burial on October 17, 2025. The magistrate ordered that both the plaintiffs and defendants must be involved in preparing the eulogy and be included in the final burial programme. The Langata and Nyamira Police Stations were directed to facilitate compliance with the court orders.
