Paul Ogemba
Friends and Relatives of the Late Kibera MP Ken Okoth carry
his remains in a casket during a memorial service at Moi Girls, Nairobi.
[David Njaaga/Standard]
A court in Nairobi has issued orders stopping the burial of Kibra MP Ken Okoth.
Senior Principal Magistrate GA Mmasi issued the... orders following an
application by Ann Muthoni Thumbi, who claimed the family had refused to
recognise her son who was fathered by Okoth.
The order stops Okoth’s mother Angelina Ajwang and widow Monica Okoth
from burying or cremating the body pending determination of the case.
“A temporary injunction is hereby issued restraining the first and
second respondents either by themselves or through their servants from
conducting the burial, interment, cremation or disposing the remains of
the late Ken Okoth, pending hearing and determination of the suit,”
ruled Mmasi.
SEE ALSO :Ken Okoth mocking of cancer is an inspiration to Kenyans
Ms
Thumbi, in her application, argued that Okoth was the biological father
of her four-year-old son, but the MP’s widow and mother had stopped
them from participating in his funeral programme as a recognition of the
child’s existence.
Denial of rights
The nominated MCA claimed stopping the boy from participating in his
late father’s funeral programme amounted to discrimination and denial of
his rightful inheritance.
She argued that Okoth has been taking care of him and paying his school
fees but now fears the MP’s family could lock him out of any support the
child should get as benefits from his father.
“The minor is currently labouring under serious confusion that may soon
warrant the intervention of a psychiatrist. He is reporting back to
school in September with a clouded future as his school fee has not been
paid and the family don’t want to recognise him,” Thumbi claimed.
SEE ALSO :Ken Okoth: Love and laughter defined MP even in sickness
She
swore that after meeting Okoth in 2013, while working at the Sonko
Rescue Team, they became intimate, resulting in the child being born in
2015.
Thumbi stated that Okoth acknowledged his son and never failed in
parental responsibilities by providing for both of them until the time
he became sick and was hospitalised in France.
She added that even when the MP was in France, he continued to keep in
touch with his son and sent them money for upkeep. The MCA claimed her
persistent attempts to reach Okoth’s relatives after his death were met
with resistance and abuse.
“Okoth and I had been in constant communication during his long illness
and towards the end of his life persisted that his only living heir is
recognised and cared for to maintain his legacy. He made this clear to
his family, but I don’t know why they disown the child,” swore Thumbi.
She described the late MP as a loving man who would do anything for his
only son, and that it would be very unfair for the minor to live with a
lifetime memory of being denied an opportunity to bury his father.
SEE ALSO :Government should declare an all-out war against cancer now
Her
lawyer Elkana Mogaka said cremating Okoth’s remains would destroy any
evidence that could be used for DNA test to ascertain the child’s
paternity.
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