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Jacinta Anyango, the mother of 12-year-old Kennedy Onyango, who tragically lost his life during anti-government protests in Ongata Rongai, expressed relief after the Mbita Law Court ruled that she has the right to bury her son.
The case had been filed by Dennis Okinyi, who claimed to be Onyango's biological father and sought the right to bury the child.
Legal battle over Kennedy Onyango’s burial
The dispute over who should bury Kennedy Onyango came to light after Okinyi filed a case on July 4, challenging Anyango's right to bury her son.
Initially, Onyango was scheduled to be laid to rest in Rusinga, Homa Bay County. However, Okinyi had secured a court injunction to halt the burial, claiming the body as his own and insisting on burying the boy in Rang'wa, Homa Bay County.
Mbita Law Court Principal Magistrate Martha Agutu ruled in favour of Anyango on October 11. The magistrate dismissed Okinyi's claim and ordered that the body of the deceased be handed over to Anyango for burial.
Court’s verdict on Kennedy Onyango's burial dispute
In her ruling, Magistrate Agutu emphasised the importance of fairness and natural justice.
She ruled that Kennedy Onyango’s body should be released to his mother, Jacinta Anyango, and that she should be the one to make funeral arrangements. However, the magistrate also ordered Anyango to coordinate with Okinyi in the funeral planning.
"In pursuit of fairness and natural justice, I dismiss the plaintiff's claim, and I make the order that the deceased's body be and is hereby released to the second defendant (Jacinta Anyango) for burial," Agutu stated.
The magistrate further noted that Okinyi had forfeited his rights as a father due to his prolonged absence from the child’s life.
Following his separation from Anyango in 2012, Okinyi had abandoned his responsibilities, making him ineligible to claim Onyango’s body for burial.
The court found several inconsistencies in Okinyi’s claims. Firstly, Okinyi failed to provide evidence of his marriage to Onyango's mother. Although he claimed to have paid six cows as bride price under Abasuba customary law, the court noted that he did not present any concrete proof of this.
Additionally, Okinyi’s living conditions further weakened his case. The court established that the house Okinyi previously occupied on his parents' property had been demolished. Instead, another compound was identified where Okinyi's older brother had built a house, while a smaller house next to it was deemed to belong to Okinyi.
The magistrate highlighted that Okinyi had concealed crucial information, raising doubts about his credibility.
Okinyi’s reaction to the ruling
Following the court's decision, Dennis Okinyi expressed his dissatisfaction by staging a protest outside the Mbita Law Court.
He strongly disagreed with the ruling and demanded that Kennedy Onyango’s body be returned to him.
In the aftermath of the ruling, tensions escalated outside the court as Okinyi clashed with security personnel.
Alongside several family members, he attempted to force entry into the court's registry, prompting the police to intervene. Tear gas canisters were fired to disperse the crowd as emotions ran high.
Since the court ruling, the body of Kennedy Onyango has been at the Rosewood Nursing Home Mortuary in Rongo, Migori County. This followed a previous court order for its transfer as the legal dispute unfolded.