A Nairobi court has temporarily stopped the burial of Rosemary Chemutai Koech Kimwatu, the late Head of Data Protection at KCB Bank Group, after her estranged husband challenged plans by her family to take charge of her funeral.
Senior Principal Magistrate Agnes Mwangi on Friday issued interim orders barring the removal of the deceased’s remains from Lee Funeral Home and prohibiting her burial without the involvement of her husband, Kevin Migwe Kimwatu, pending the hearing of the dispute.
This came amid reports the family had already buried her in Eldoret.
The magistrate certified the application as urgent and restrained KCB Bank Kenya Limited, Paul Kipkorir Koech and three other respondents from removing the body, making funeral arrangements or conducting the burial until the matter is heard inter partes.
The court directed that the application be served on all respondents and fixed the case for mention on August 31, for further directions.
“An interim temporary injunction hereby issues restraining the Defendants/Respondents by themselves or through their relatives, servants, agents and/or employees from interring and or inhuming the remains and or body of the late Rosemary Chemutai Kimwatu’s (“the deceased”) without the consent and or involvement of the Applicant pending the interpartes hearing of this application,” said Agnes.
In court papers, Kimwatu says he married the deceased on August 24, 2013, and argues that, as the surviving spouse, he has the legal right and responsibility to bury her.
He wants her interred at his ancestral home in Matasia, Ngong, Kajiado County.
The dispute also draws in KCB Bank, which is accused of interfering in the family’s burial arrangements.
According to the application, the bank wrote to Lee Funeral Home instructing that the body be released to the deceased’s sister, Judy Koech-Oyamo, and her son, Charles Migwe Kimwatu, as next of kin based on the bank’s employment records.
“The Applicant states that he instructed his Counsel to write a formal demand on 26th August 2026, to the 5th Respondent demanding that it ceases and desists from unlawful interference with the funeral and burial arrangements with respect to the deceased. That such arrangements, ought to be made by the
family of the deceased,” read the court documents.
“The Plaintiff states that there is a clear overreach, an unlawful and unauthorized interference by the 5th Defendant.”
Koech, 40, died on August 21, at her rented home in Ole Nairi, Ngong.
An autopsy conducted by Chief Government Pathologist Dr Johansen Oduor concluded that the cause of death was suicide.
Police said relatives forced entry into her bedroom after she failed to respond to repeated calls and found her unresponsive. No suicide note was recovered.
KCB had August 25 written to the mortuary to reveal the next of kin of Koech.
The bank released a letter stating Judy Koech-Oyamo, the sister of the late Rosemary Chemutai Koech, and her son, Charles Migwe Kimwatu as her next of kin in employment records held by KCB Bank Kenya Limited.
The bank confirmed that the two are the persons listed in its records as the next of kin of Koech, who died on August 21, 2026 in Ngong, Kajiado County.
In a letter issued by KCB’s Head of Shared Services, Risk, Compliance and Governance, Robley Ngoje, the bank said Koech was an employee of KCB Bank Kenya Limited and served as Head of Data Protection within the Risk Division until her death.
The bank said Koech-Oyamo and Kimwatu may liaise with the funeral home concerning the release, collection and burial arrangements for the deceased.
The confirmation was issued specifically to facilitate funeral and mortuary arrangements.
However, KCB cautioned that being recorded as next of kin did not automatically make the two legal representatives of Koech’s estate or confer entitlement to her property and benefits.
The bank said the letter should not be interpreted as confirmation of legal representation of the estate or entitlement to terminal dues, insurance benefits, pension benefits or any other assets belonging to the deceased.
“Such matters shall be dealt with upon presentation of the appropriate legal documentation, including letters of administration, grant of probate or other documents required by law,” the bank said.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
