Court restrains ex-partner from taking woman’s body from mortuary

A dispute over the burial of a woman who died almost two weeks ago has landed in court with interim orders issued restraining a man, his sons or anyone acting under him from taking her body from a mortuary in Kilifi.

The court further barred the mortuary superintendent at Kilifi County referral hospital from releasing the body of the late Saumu Luvuno to Mr Jefa Charo or any other person other than Mr Michael Lewa and Ms Nyevu Jefa.

Mr Lewa and Ms Jefa, who have filed the case in court, say they are lawful husband and daughter of the deceased respectively.

They say, in their case documents, that at some point in life Mr Charo previously cohabited with the deceased and had children with her.

However, they claim that the relationship between the deceased and Mr Charo broke down several years ago prior to the deceased's death and the parties separated.

Mombasa senior resident magistrate Lucy Sindani issued the orders pending hearing and determination of the case.

Mr Lewa and Ms Jefa are seeking a declaration that they are the persons entitled to determine and conduct the burial arrangements of the deceased.

They further claim that Mr Charo has threatened/intends to proceed with the burial of the deceased without their (plaintiffs) involvement or consent.

According to Mr Lewa and Ms Jefa, unless restrained by court, Mr Charo will proceed with the burial rendering the case nugatory and that once undertaken (burial), it is final and irreversible, and damages would not be an adequate remedy.

The plaintiffs (Mr Lewa and Ms Jefa) say that the deceased died on March 7 at her home in Vikwatani, Kisauni and that at the time she passed away she was under the care of Ms Jefa.

They further say that upon the death of the deceased, Ms Jefa obtained a burial permit to facilitate lawful burial arrangements.

The plaintiffs say that Ms Jefa arranged for the transfer of the deceased body to the Coast General and Teaching Referral Hospital (CGTRH) mortuary where it was duly admitted and recorded under her details.

“The plaintiffs aver that on or about March 11, the first defendant (Mr Charo) took possession of Ms Jefa identification documents and burial permit without her consent,” part of the case documents state.

The plaintiffs claim that using the documents, Mr Charo fraudulently and illegally caused the transfer of the deceased body from the CGTRH mortuary to Kilifi County referral hospital mortuary.

Mr Lewa and Ms Jefa say that the deceased during her lifetime expressed her wishes regarding her burial which were known to them.

“The plaintiffs aver that the actions of Mr Charo in purporting to take control of the body and burial arrangements are contrary to the wishes of the deceased,” case documents state.

The plaintiffs also argue that by the virtue of being lawful husband and primary caregiver (Ms Jefa) respectively, they have superior right to determine the burial arrangements of the deceased.

“The first defendant (Mr Charo) being estranged from the deceased and not a lawful husband, has no legal or customary right to unilaterally conduct the burial,” the plaintiffs argue.

The plaintiffs also want a permanent injunction issued restraining Mr Charo, his agents or any person acting under his authority from interfering with the body of the deceased or conducting burial without their consent.

They also want a permanent injunction issued restraining Kilifi County referral hospital from releasing the body of the deceased to Mr Charo or any unauthorized persons other than them.

The plaintiffs also want an order issued directing the body of the deceased be released to them for purposes of burial.

The court is expected to give directions on March 26.