Court orders exhumation of 35-year-old man's body in Kisumu burial dispute
Nyanza
By
James Omoro
| Apr 23, 2026
A court has ordered the exhumation of the body of a 35-year-old man who was buried on Monday this week in Kakelo Village, Seme Constituency, Kisumu County.
Joab Otieno was buried in circumstances that his family has since challenged at the Ndhiwa Law Court.
Through their lawyer Albert Ongoso, the family moved to court seeking custody of the body for burial.
In the application, Otieno’s mother Monica Auma sued Jennifer Nundu, accusing her of burying the deceased illegally.
READ MORE
Mpesa drives growth as Safaricom hits record Sh99.7b profit
Kenya to spend nearly half of budget on debt servicing
KDC roots for creative economy, innovation and youth-led enterprise growth
Kenya, World Bank deepen irrigation push to boost food security
Why Nairobi's empty office problem is shrinking
Gulf Energy at the centre of yet another 'dirty fuel' drama
Dangote eyes Kenya as hub to raise African capital for refinery, other projects
Treasury trims economic growth forecast to 5pc on Middle East conflict
Auma, a resident of Koogo Komolo Village in South Kanyamwa Location, Ndhiwa Sub-county, told the court that Nundu hurriedly proceeded with the burial after learning that the family intended to seek court intervention.
She argued that the burial took place on Monday at about 11.45 am in what she termed an attempt to defeat ongoing legal proceedings.
Auma asked the court to intervene, saying the burial risked rendering the case meaningless and encouraging impunity.
“Delay in granting the orders sought will occasion grave injustice, irreparable harm and will erode public confidence in the administration of justice,” Ongoso indicated in the application.
In her ruling, Ndhiwa Principal Magistrate Phylis Shinyada ordered the exhumation of the body.
She further directed that the remains be secured, transported, and preserved at Ndhiwa Sub-county Hospital Mortuary pending the hearing and determination of the case.
“It is hereby ordered that the remains of the deceased Otieno, whose burial was hurriedly done be exhumed. The exhumation costs be borne by the plaintiff,” Shinyada directed.
The court also ordered the OCS Kombewa Police Station to provide security during the exercise to ensure order.
“The defendant or her family is restrained from interfering with the exhumation, transportation and re-preservation of the said remains,” she added.
Otieno’s father, Joseph Nyadiero, welcomed the ruling, saying the family now hopes to bury him at their homestead.
“I am happy with the court direction. It is my desire as the head of the family to bury my son in my homestead in line with our culture,” Nyadiero said.
He said he did not know Jennifer Nundu and questioned why she proceeded with the burial.
“She is not my relative and I don’t know her. What I want is the body of my son,” he said.
Nyadiero said Otieno had worked in Kisumu in construction before falling ill and dying at Jaramogi Oginga Odinga Teaching and Referral Hospital on April 14.
Lawyer Ongoso has appealed for support from leaders to help the family meet exhumation and transport costs from Kisumu to Ndhiwa.
“This is a family of a humble background. I appeal to local leaders to support them in this process,” Ongoso said.