The High Court in Eldoret Thursday declined to stop the burial of World Marathon record holder Kelvin Kiptum in a case filed by a 22-year-old woman.
The woman claimed she sired a child with the runner.
Justice Robert Wananda declined to stop the burial following the application by Edna Owuor through her lawyer Joseph Oyaro.
She claimed that they have a one and seven month old child whose rights may be violated if the burial is not stopped.
Owuor appeared at the court with the child seeking to stop the burial set for Friday arguing that they had not involved her in burial arrangements
She also wanted DNA samples taken from the body to confirm the paternity.
In declining the application, Wananda said the burial arrangements had gone on for some time with heavy costs involved and it would be unfair to stop the interment.
Kiptum is set to be buried on Friday February 23 at his Elgeyo Marakwet rural home.
Kiptum alongside his coach Rwandan Garvais Hakizamana died in an accident in Kaptagat area. The coach was buried on Wednesday in Rwanda.
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