The defendants wanted the deceased to be buried in his father’s homestead in Nyalgunga in accordance with Luo customary law while the plaintiff wanted the burial to be at Upper Matasia in Kajiado District where the deceased owned a farm. The dispute concerned who had the legal right to bury the remains of the deceased and where the burial was to take place. Soon after his death, a dispute arose between his widow, (the plaintiff), who was of Kikuyu origin, on the one hand, and his younger brother (the 1st defendant) and a clan member who was also the deceased’s distant nephew (the 2nd defendant) on the other hand. By tribe, the deceased was a Luo of the umira kager clan, having been born and raised in Nyalgunga Sub-Location of Siaya District. S M Otieno, a Nairobi advocate, died on 20th December, 1986. Virginia Edith Wamboi Otieno v Joash Ochieng Ougo & anotherīurial dispute – law applicable to burial dispute – persons who may be entitled to bury a deceased person - deceased a Luo by tribe and married under Marriage Act (cap 150) – whether deceased’s widow entitled to bury deceased’s body – whether Luo customary law applicable to deceased – whether deceased’s brother and clan entitled to bury the deceased in accordance with customs.Ĭustomary law – Luo customary law – burial customs – whether Luo burial customs repugnant to justice and morality or inconsistent with written law – whether customs unconstitutional for being discriminatory against women - Judicature Act (cap 8) section 3 – Constitution oaf Kenya section 82 Virginia Edith Wamboi Otieno v Joash Ochieng Ougo & another (1987) eKLR High Court at Nairobi (Milimani Law Courts) Virginia Edith Wamboi Otieno v Joash Ochieng Ougo & Omolo Siranga
0 kommentar(er)
