Burial dispute over Mburu Kinani nears end, six months after his death

A six-month legal dispute over the burial of Mburu Kinani, a 90-year-old patriarch who died on November 20, 2024, is nearing an end after a series of contentious court proceedings.

Kinani’s body has remained at the AIC Kijabe Mission Hospital mortuary since his death, as family members battled over where he should be laid to rest. The case is now set for final submissions on May 27, 2025.

Geoffrey Ng’ang’a, son of the deceased and one of the defendants in the case, dismissed allegations that he and his siblings have been attempting to disinherit members of the extended family.

He told the court that the plaintiffs, Ides Wairimu, Joyce Muthoni, Hannah Wanjiku, and a grandson, Antony Kinani- had previously been gifted land in Gilgil, which they later sold.

At the center of the dispute is the burial site.

The plaintiffs argue that, under Agikuyu customary law, Kinani should be buried at his Gatanga homestead, where his first wife was interred.

They have sued several relatives, accusing them of preventing the burial from proceeding in accordance with cultural norms.

The defendants maintain that Kinani wished to be buried on his Gilgil land, where he had lived for decades.

“The claims that we want to disinherit them are untrue, because they had already been gifted land at the same place. We had also tried to solve this matter amicably between the two families. We had several meetings. The sold the parcels of land that they were given,” testified Ng’ang’a.

The son further told the court, “Our father took care of everybody born under his care. He gave them land not on the basis of biology, but on the basis that they were born in the land that belonged to him.”

He also noted that although Kinani had been traditionally married to his first wife, they had been estranged for more than 40 years. Since then, Kinani lived in Gilgil with Ng’ang’a’s mother, whom he formally married in a church ceremony.

Gilgil, Ng’ang’a said, was where his father built his life, worshipped, raised his family, and wished to be buried.

With witness testimony concluded, trial magistrate Gerald Gitonga directed both parties to file their final submissions by May 27. A ruling is expected soon after, potentially ending the deadlock that has kept Kinani unburied for over half a year.

“Mention of this matter will be made on May 27 to confirm the filing of submissions and the court will look for a near date for judgement,” ruled Gitonga.