The High Court has ordered the release of a woman’s body to her boyfriend despite strict Mijikenda customs against it.
The court ruled that “a community cannot impose its marriage customs to those who do not want to follow it.”
Sitting in Mombasa, justice Mary Kasango said if two adults consent to a marriage and live as husband and wife cultural practices cannot rule otherwise.
“The Kenyan society is caught between the application of tribal and community customs and the Western outlook,” said Kasango.
Franciscar Wawuda died in 2012 following delivery complications.
She will be buried by her 29-year-old boyfriend Eric Guni, following the ruling by the court yesterday.
Wawuda lived with Guni for three years before she died at the Coast General Hospital.
Her body has been at the mortuary for two years.
Through a court order, Wawuda’s father Jadi Munga said she will not be buried by Guni.
In the papers filed in 2012 before a magistrate’s court, Munga said Guni did not pay dowry and is therefore not recognised in the Mijikenda customs as Wawuda’s husband.
Munga said Mijikenda marriage customs involve introduction of the groom to the bride’s parents in the presence of witnesses, who include uncles, aunts and neighbours.
Guni said Wawuda told him she is an orphan.
He said Wawuda introduced him to her sister, whom she said is her closest living relative.
The magistrate directed the body to be released to Guni for burial but Munga challenged the ruling
Guni said the body accumulated more than Sh500,000 in mortuary bills.
Courtesy www.the-star.co.ke