The husband of former KCB executive Rosemary Chemutai Koech has withdrawn a court case that had threatened to reopen the dispute over her burial, saying he will no longer seek her exhumation or pursue contempt proceedings.
Kelvin Kimwatu made the decision through his lawyer, Ramadhan Abubakar, who told the court that his client had chosen to end the legal battle and leave the circumstances surrounding his wife’s burial to God.
Kimwatu had previously moved to court over the burial of Koech, who was laid to rest on Friday night in accordance with Kalenjin traditions.
Husband chooses reconciliation over exhumation
Abubakar told the court that Kimwatu had been left without an opportunity to properly mourn his wife.
Despite having the option of seeking an order for her body to be exhumed, the lawyer said Kimwatu did not want to pursue that route.
Instead, he asked to be allowed to visit Koech’s gravesite on a day convenient to her family.
The decision, Abubakar said, was intended to open the way for reconciliation between the two sides.
“We hope that the bonds that tied them together for over 20 years will be mended,” he told the court.
The lawyer described the dispute as a painful situation for everyone involved and said Kimwatu would also abandon any attempt to pursue contempt proceedings.
Family raises concerns over court papers
Koech’s biological sister, represented by lawyer Danstan Omari, told the court that she had not been served with the court papers or the orders issued in the case.
She said her attention had been focused on organising her sister’s burial.
Lee Funeral Home, which had been served with the court orders, asked the court for 14 days to respond.
The deceased’s parents, represented by lawyers Felix Kiton and Phillip Langat, said they had no objection to the withdrawal of the case.
Kiton also told the court that the family had not prevented Kimwatu from accessing the gravesite. He said they had always regarded him with affection as their son-in-law.
Court brings dispute to an end
With Kimwatu withdrawing the case, the immediate legal dispute over Koech’s burial has come to an end.
The court ordered that the suit be withdrawn without an award of costs.
The decision means Kimwatu will not pursue the proposed exhumation of his wife’s body or contempt proceedings.
Instead, the parties are being left to pursue reconciliation after a deeply painful dispute surrounding Koech’s death and burial.
Koech was buried on Friday night in line with Kalenjin customs, bringing to a close the funeral arrangements that had been at the centre of the court dispute.
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