Two families battle in court over burial of their deceased daughter

Two families battle in court over burial of their deceased daughter

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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.