Three people have filed a case before an Eldoret court seeking orders to stop ongoing burial plans for prominent Uasin Gishu farmer and politician Jackson Kibor until they are involved in the process.
The three claiming to be children of Mzee Kibor want the family to formally recognize them and be allowed to participate in the burial plans.
Burial for Mzee Kibor had been set for Friday, April 1, 2022.
Filed under the certificate of urgency before the Eldoret Magistrate’s court, the three Albert Kibor, Elizabeth Koskei, and Joseph Misoi want the court to issue Kibor’s family an order stopping them from removing the body from Eldoret Hospital mortuary and burying it, until when the case is heard and determined.
Mzee Kibor’s younger wife Yunita Chelimo Kibor, elder son Philip Kibor and Richard Sile are named in the case as defendants.
“We are requesting this honorable court to restrain the defendants/respondents either by themselves, their relatives, agents, family members or any other from removing and disposing of the body of Jackson Kiprotich Kibor pending hearing and determination of the case,” read part of the application before Eldoret principal Magistrate Noami Wairimu.
Aside from seeking to be allowed to take part in the burial plans, the three also want the court to issue an order that will facilitate the collection of DNA samples from the body of Mzee Kibor and from them for analysis and comparison to determine their paternity.
The first plaintiff Albert Elondanga Kibor claims that the deceased had an intimate relationship with his mother Jane Elondanga under polygamous marriage in 1978 and he was sired out of the said relationship.
Elizabeth Chemutai Koskei on her part, via a sworn affidavit, says Mzee Kibor had a relationship with her mother – Sarah Kibet which resulted in her birth.
The third plaintiff Joseph Kimeli Misoi argued that the deceased had a marital relationship with his Mother Philemon Misoi which resulted in his birth.
The trio argues that Mzee Kibor recognized them as his children, but since his death, the family has blocked them from taking part in burial plans.
Mzee Kibor died about two weeks ago aged 88 after a long battle with Covid-19 complications.
A hearing for the case, which the court certified as urgent, has been set for April 1, 2022.
