Edna Awour wanted the
court to stop the burial until she and her baby were recognized as
beneficiaries of the deceased’s estate.
However, Magistrate Robert
Wananda refused to issue an order stopping the burial.
Edna had approached
the court through a certificate of urgency to stop the
body from being removed from the Eldoret Hospital mortuary for burial at his
home in Naiberi.
In her application through lawyer Joseph
Ayaro, she also asked the court to issue an order for DNA samples to be taken
from the body to be sent to the Kenya Medical Research Institute or any other
public institution to establish the paternity of the minor.
She claimed the deceased was the biological
father to their daughter and therefore, she has a right to benefit from his
multi-million estate.
She told Justice Ananda that the deceased’s
family had not only refused to recognize her as part of the family but had also
failed to include the minor’s name in the eulogy and other funeral arrangements
as expected.
She argued that before Kiptum died in a
grisly road accident, he had been caring for the minor and taking care of all
her needs.
“The
deceased had recognised me along with the minor and he took good care of us as
part of his family until his death two weeks ago,” she said.
She went on to
claim that on the fateful day Kiptum died, he had communicated with her to
inquire about the child's well-being and promised to send her money for her
upkeep and other basic needs.
The magistrate dismissed her application
and noted the burial preparations were at an advanced stage.
“The
arrangements for the burial of the deceased are at an advanced stage and
therefore stopping the burial may be disruptive considering the resources that
have been put into preparing for the burial,” Justice Wananda ruled.
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