This archive report was first published on 17 December 2019.
December 17, 2019, marked the beginning of a long and contentious battle for burial rights in a Mombasa family.
Janet Nzara Kai, a former County Secretary at Mombasa County, had been cohabiting with her husband, William Mzungu Kiti, for 19 years and had three children with him. However, her brothers, Daniel Gari Kai, Arnold Gogo Kai, and Lawrence Kai, have denied Kiti the right to bury her, claiming he had not paid dowry.
The brothers have moved to court, seeking orders to bar Kiti from holding the funeral, citing that he was only cohabiting with their sister and never married her in accordance with the Mijikenda tradition and customs.
According to the Mijikenda Community, a deceased woman who cohabits with a man and has children with him is under the care and responsibility of her family unless the man marries her in accordance with the community's customs.
The brothers are seeking an order compelling the Coast General Hospital (CGH) to release the body of their sister, which has been in the morgue for eight months.
Janet died on June 1, 2019, and her brothers want the court to allow them to bury her in accordance with the Chonyi tribe that forms the Mijikenda Community.
