Mombasa, KENYA: Two families in Mombasa are in a bitter court battle over the burial of their deceased daughter.
Zainabu Isaac filed a civil lawsuit in a Mombasa court to be allowed to bury her daughter according to the Muslim religion.
This is after Isaac Njuguna Njoroge, the adopted father of the deceased, insisted to bury her according to Christian religion customs.
Yesmi Isaac a girl aged 22 years old died on 11th March this year in Mtwapa area within Mombasa County.
A source close to the family told Baraka FM, the girl was staying with his adopted father and the two couple had divorced over 9 nine years ago.
Zainabu told the court that she adopted Yesmi when she was very young after her both parents had died and moved with her to Njoroges home.
“My daughter used Njoroge’s identity card to get her ID since it was a requirement but she closely followed Islam teachings,” she testified as she broke into tears.
Another witness also told the court both parents of the deceased were Somali and Njoroge can not claim to be the father,
“in fact she didn’t have any relations with the deceased; since he divorced the aunt of the long ago,’ she said.
A Source told Baraka FM Mr. Njoroge had already planed for the burial of the daughter without involving the mother’s family and he had already authorized for a postmortem.
All the plaintiff witnesses already testified in court before senior principal magistrate Samwel Rotich.
The defense hearing was adjourned on Thursday after an order served to Mr. Rotich to place the matter before chief magistrate Julias Nang’ea who later returned it back to Mr. Rotich.
Mr. Rotich on Friday withdrew himself from hearing this case and placed it before chief magistrate Douglas Ogoti who adjourned case and requested to be mentioned on Tuesday next week for directions.
The defense council requested Mr. Ogoti to order the proceedings typed before hearing, stating that hand writing of the previous magistrate might be illegible for the magistrate who will hear the case.
The body of the deceased is still lying at the Coast General mortuary.