Kenya: Husband of Former KCB Staffer Rosemary Chemutai Withdraws Case Challenging Her Burial

Nairobi — The husband of former KCB employee Rosemary Chemutai, Kelvin Kimwatu, has withdrawn the case he filed challenging the circumstances surrounding his wife’s burial.

Kimwatu, through his lawyer Ramadhan Abubakar, told the court that he would no longer pursue orders for the exhumation of Chemutai’s remains or contempt of court proceedings.

Abubakar said he had received instructions from his client to withdraw the suit, despite the option of seeking an order for Chemutai’s body to be exhumed.

The lawyer said Kimwatu had decided to leave to God whatever happened on the night of his wife’s burial and would not pursue the exhumation.

He told the court that his client felt he had been denied the opportunity to properly mourn his wife and had therefore opted to end the legal proceedings.

Kimwatu is instead seeking permission to visit his wife’s gravesite on any day the family considers convenient.

Abubakar described the matter as a painful situation for all parties and said withdrawing the case was part of efforts to begin the process of reconciliation.

“We hope that the bones that tied them together for over 20 years will be mended,” Abubakar told the court.

Chemutai’s biological sister, represented by lawyer Danstan Omari, told the court that she had not been served with the court papers or the orders issued in the case.

She said she had been occupied with preparations for her sister’s burial.

Lee Funeral Home, meanwhile, told the court that it had been served with the orders and requested 14 days to file its response.

Lawyers representing Chemutai’s parents, Felix Kiton and Phillip Langat, said they had no objection to the withdrawal of the case.

Kiton further told the court that the family had never prevented Kimwatu from accessing his wife’s gravesite.

He said the family had always loved Kimwatu and regarded him as their son-in-law.

The withdrawal brings to an end Kimwatu’s attempt to pursue the exhumation of Chemutai’s remains and contempt proceedings.

The parties will now seek to resolve their differences and move towards reconciliation.

The court subsequently directed that the suit be withdrawn with no orders as to costs.