The husband of deceased KCB employee Rosemary Chemutai Koech has withdrawn her burial dispute telling the High Court he opts for reconciliation.
Kelvin Kimwatu told the court he will not pursue the exhumation of her body or contempt proceedings against those involved.
Kimwatu, through his lawyer Ramadhan Abubakar, formally abandoned the case, saying he had decided to let the matter rest and instead seek to mourn his beloved wife and begin the process of reconciliation with her family.
Abubakar told the court that although Kimwatu had an option of seeking orders to have Chemutai’s remains exhumed, he was no longer interested in pursuing that route.
The lawyer said Kimwatu had resolved to “leave to God whatever happened on the night of his wife’s burial.”
He added that his client felt he had been denied the opportunity to properly mourn Chemutai and had therefore chosen not to prolong the dispute through further court proceedings.
Instead, Kimwatu is seeking permission to visit his wife’s gravesite on a day convenient to her family.
“This is a sad moment for all the parties involved,” Abubakar told the court, adding that the withdrawal was part of efforts to restore relations between the estranged parties.
“We hope that the bonds that tied them together for over 20 years will be mended,” he said.
The deceased’s biological sister, represented by lawyers Danstan Omari and Martina Swiga, told the court that she had not been served with the pleadings or orders issued in the matter.
She said her attention had been focused on arranging Chemutai’s burial.
Lee Funeral Home, however, stated in the court filings that it had been served with the court orders and sought 14 days to file its response.
Lawyers representing Chemutai’s parents, Felix Kiton and Phillip Langat, said they had no objection to Mr Kimwatu withdrawing the case.
Mr Keaton told the court that Kimwatu had not been barred from accessing the graveside, maintaining that the family had always regarded him as their son-in-law.
The withdrawal effectively ends the husband’s attempt to have Chemutai’s remains exhumed and also brings to a close the contempt proceedings he had threatened to pursue.
The court consequently directed: “The suit is withdrawn with no orders as to costs.”
Chemutai was buried on Friday night in accordance with Kalenjin traditions, bringing the burial dispute that had spilled into court to an end.
Her burial came hot on heels of a court order that sought to halt burial plans pending hearing and determination of matter filed by Kimwatu.
