The Slain Lawyer Robert Chesang was on Saturday buried at his father’s home in Baringo County against his wife’s wishes.
Chesang’ was buried after the application by his wife Pauline Omungala through her lawyer Assa Nyakundi to stop the deceased’s parents, siblings and relatives flopped.
The application did not materialize on March 14 after Nyakundi failed to appear in court and the advocate who was holding brief for him failed to convince the court to give conservatory orders stopping the burial, the matter will be heard on March 28.
Chesang’ was buried in his wife, senior principal magistrate Pauline Omungala’s absentia since she has been remanded at Athi River police station in connection with the husband’s murder.
Omungala had earlier requested to be allowed to bury her husband on their land in Kajiado County.
She asked the Chief Magistrate’s Court in Machakos to block Chesang’s relatives from burying him without her consent.
In the application before senior principal magistrate Evans Keago, the widow, through advocate Nyakundi, argued that Chesang’s family advertised funeral plans in the media without her consent and made burial arrangements without consulting her as the legal wife.
“If the kin are allowed to proceed with the funeral arrangements, I, together with my two children, will suffer great losses, mental and psychological anguish that cannot even be compensated by way of damages,” she said.
The widow told the court that it was only fair that the actions of the relatives be stopped immediately and she, together with their two children be given a chance to arrange and give the deceased a befitting burial in accordance with his wishes.
She wanted the court to declare that, being the only spouse of the deceased, she is the right person to remove from mortuary and bury the deceased on their 10-acre property in Maili Tisa, Kajiado County “in a manner she deems fit and appropriate in accordance to his wishes.”
“As the legal wife, I pray that the remains of the late be released to me for funeral arrangements and burial in a manner and place that best suits the interest of the family,” she told the court.
Omungala further prayed that the court gives a temporary injunction restraining the respondents, (Chesang’ Kiptala, Daniel Chesang’ and Martha Chesang’), their agents, servants, nominees or any such person from interfering, removing from mortuary at Shalom Hospital in Athi River, burying Chesang’ or doing any such thing on his body until the application is finalised.
She had equally asked the same court to provide her with security through the Machakos Sub-county police commander during the burial.
However, Chesang’s relatives told the Star that the deceased’s funeral arrangement was being organised by both families (both Chesang and Omungala’s side) until the wife was arrested.
“Things were well before the magistrate’s arrest, both the families were working on the funeral arrangements together for a burial date that had been slated for March 9, before it was changed. Both the families agreed on the burial announcement that appeared on an advert on Daily Nation on March 7,” said one of the relatives.
The source who confided on the Star for fear of victimisation said that a joint committee, comprising of ten members - five from each side of the family, had been formed and was working on the arrangements before the eventual turn of events.
“The members kept off, they even exited a WhatsApp group that had been jointly formed for the burial arrangements immediately their daughter was arrested. We were equally shocked by her arrest and had to reschedule the burial date, that’s when we settled on March 16. What were we to do after they withdrew other than continuing with our kin’s burial,” he said.
The lawyer was shot dead at their family home in Lukenya, Machakos County on February 17.
He practiced law across the country under Chesang and Chesang Company Advocates until his demise for over 25 years.