Court to rule on burial dispute between siblings over their mother’s body
A Milimani Chief Magistrate’s Court will on Tuesday deliver its ruling in a burial dispute involving the children of the late Milka Moraa Ongubo, a retired nurse and former Chief Inspector of Police, who died on September 21, 2025 in Nakuru.
The case, filed by Julia Kemunto Ongubo, Joyce Kerubo Ongubo, and Jackson Momanyi Ongubo, arose after the siblings accused their brother Justus Morara Ongubo and sister Judy Kemuma Ongubo of excluding them from their mother’s funeral plans.
Through their lawyer Danstan Omari, the plaintiffs sought orders to stop the burial and allow them to participate fully in the funeral arrangements.
When the matter came up for mention on Tuesday, they asked the court to authorize the transfer of the body from Umash Funeral Home in Nakuru to Umash Nairobi ahead of a proposed memorial service.
Omari told Senior Resident Magistrate Festus Terer that the family’s proposal was for the body to be moved to Nairobi by October 7, 2025 a memorial service to be held at CITAM Karen on October 15, and thereafter the body to leave for Nyamira County on October 16, 2025 for an overnight vigil, with burial set for October 17 at Nyangena village.
He said the plaintiffs and defendants are biological siblings and that his clients only wish to accord their mother a peaceful and dignified farewell.
“The deceased was a long-serving nurse and a devoted member of CITAM Karen, where she worshipped. My clients are ready to cater for all expenses,” said Omari.
Lawyer Stanley Kinyanjui, also appearing for the plaintiffs, told the court that a burial dispute is both a social and legal question involving family values and dignity.
“There is no tangible reason why she should not be taken to Karen. This is not about contributions. it is about honouring a woman who served her church and community,” Kinyanjui said.
However, lawyer John Ouma, representing the defendants, opposed the request to move the body to Nairobi, arguing that it would cause unnecessary tension
He said there was no burial dispute, only a disagreement imagined by the second plaintiff.
“The defendants do not see any reason why the body must be transferred to Nairobi. Their mother should be laid to rest at her home in Nyamira, where the family and community will give her a befitting send-off,” Ouma told the court.
Ouma further argued that there was no evidence to show that the deceased was a member of CITAM Karen.
He said the defendants were only avoiding unnecessary drama in Nairobi, adding that the plaintiffs were free to attend the burial in Nyamira.
“The body can move directly from Nakuru to Nyamira. Pastors from different churches can liaise and give her a good send-off,” he said.
The plaintiffs moved to court on September 28, 2025 under a certificate of urgency, seeking to restrain their siblings from proceeding with burial arrangements without their involvement.
In their supporting affidavit, the plaintiffs said the 1st defendant, Justus Ongubo, who resides in the United States, had taken their ailing mother from her home in Langata, Nairobi, to an undisclosed location, and later announced her death without consulting them.
They claimed they had been the primary caregivers of their mother for more than a decade and were denied the right to participate in her burial.
They further told the court that the defendants had already published an obituary and set burial plans without involving them.
On September 29, 2025, Magistrate Festus Terer issued interim orders restraining the defendants from removing the body of the late Ongubo from Umash Funeral Home, Nakuru, pending inter parties hearing.
The funeral home was also directed to comply with the court order.