The second wife of a 100-year-old Meru man, embroiled in a burial dispute, has obtained court orders to halt the burial plans arranged by his first wife, whom he left 40 years ago.

Sarah Kathambi appealed to the court of appeal after the high court overturned a lower court’s decision that had permitted her to bury the late Silas Igweta. The court of appeal has now issued a stay on the burial arrangements, which were set for this weekend at the first wife’s home, and will deliver its ruling on July 26.

Silas Kamuta Igweta, who passed away in February, has not been buried due to an ongoing conflict between his two wives, Grace Rigiri and Sarah Kathambi, regarding his burial site. Both families are claiming the right to bury him.

Initially, a magistrate court ruled that Igweta should be buried at the home of the second family, citing his closer ties with them and his abandonment of the first family over 40 years ago. Dissatisfied with this ruling, the first family appealed to the high court, which overturned the decision in their favor.

The second family  through lawyer Danstan Omari then took the matter to the court of appeal, arguing that the high court’s decision was flawed and disregarded their evidence of being the ones who had cared for Igweta and covered his hospital expenses without any assistance from the first family.

They contended that by granting the stay, the court would not only uphold constitutional rights to access justice but also provide hope to a grieving family facing perceived injustice. They argued that the constitution does not specify the burial site for a polygamous man.