A lumpsum payment and DNA samples demand is at the centre of a court case that stopped the burial or cremation of Kibra MP Ken Okoth.
Magistrate Grace Mmasi stopped the interment plans pending the hearing and determination of the case in which a Nairobi nominated MCA claims to have sired a child with Mr Okoth.
The magistrate issued an order stopping the late MP’s mother, Angeline Okoth, and wife , Monica Okoth, from having his remains buried, cremated or interfered with.
“An interim temporary injunction be and is hereby issued restraining the two either by themselves, their servants or agents from conducting the burial, interment, cremation or any other manner whatsoever to dispose of Mr Okoth’s remains,” said Ms Mmasi.
Through lawyer Elkana Mogaka, Anne Thumbi, the nominated MCA, claimed that she and her son had been excluded from the funeral arrangements.
Ms Thumbi wants an order issued against the estate of the deceased, requesting for an immediate lump sum payment of the minor’s school fees.
She further wants an order issued that her son be included in all burial arrangements, rituals and traditions relating to the final sendoff of the MP.
The nominated MCA at City Hall wants Lee Funeral Home or any other morgue to be barred from releasing his body until the dispute in court is heard and determined.
In the alternative, she wants the body of the deceased preserved until DNA samples have been collected in the presence of licensed pathologists appointed by both parties.
According to the MCA, even though Monica is the only recognised wife of the deceased, she wants her son acknowledged since his academic future remains uncertain.
The court has directed that Mr Okoth’s family be served with copies of the case documents and that the matter be heard on August 9.
Mr Okoth succumbed to cancer on July 26 and his interment was set for Saturday.
Ms Thumbi claimed that they are learning about the funeral plans from media reports yet the five-year-old child is a biological son of the deceased.