A Nairobi court has ordered that the body of a former Senior Police officer should not be released from Umash Funeral Home after a dispute arose over the burial arrangements.
Senior Resident Magistrate Festus Terer restrained two children of the late Milka Moraa Ongubo’s children from removing her remains from Umash Funeral Home, Nakuru after her other three children contested the move.
“In the meantime, the respondents are restrained from removing the remains of the late Milka Moraa Ongubo from Umash Funeral Home, Nakuru,” the magistrate ruled.
The former Chief Inspector of Police passed away on 21st September 2025 in Nakuru.
Julia Kemunto Ongubo, Joyce Kerubo Ongubo and Jackson Momanyi Ongubo accuse their siblings, Justus Morara Ongubo and Judy Kemuma Ongubo of commencing burial preparations without involving them.
Justus is accused of clandestinely removing the deceased from her matrimonial home in Lang’ata, Nairobi, and keeping her whereabouts secret until her passing without consultation.
Through lawyer Danstan Omari, the three plaintiffs also accuse the defendants, Justus and Judy of unilaterally commencing burial preparations, published an obituary, and fixed burial arrangements without their involvement or close family members.
“The impugned funeral arrangements are to have the body the late Milka Moraa Ongubo taken for a night vigil on 2nd October 2025 and the interment to follow on the following day, 3rd October 2025,” the court was informed.
Primary Caregivers
In addition, the court heard that Julia Joyce and Jackson have been the primary caregivers of their mother for over a decade and have a constitutional and moral right to participate in her burial
Omari told the court that unless restrained, the will proceed with the burial to the exclusion of the plaintiffs, thereby causing irreparable harm, family disharmony, and indignity to the memory of the deceased.
” It is in the interests of justice, fairness, and family unity that the burial and funeral arrangements of the deceased be conducted inclusively with the participation of all her children,” Omari said.
The three plaintiffs claim that Justus, who resides in the United States of America, came into the country without informing them, stormed their mother’s home in Lang’ata, and took her away to an unknown location.
“The removal of our mother was done in a clandestine manner without her clothing or essential medication, raising great concern for her health and wellbeing,” the trio stated.
According to their affidavit, for five (5) weeks thereafter, their brother declined and/or refused to disclose their mother’s whereabouts, before leaving Kenya again on 7th September 2025 and leaving her under the care of an unknown person despite her ailing from advanced dementia hence requiring constant care.
On or about 21st September 2025, Justus broke the news of their mother’s passing through a post in the family WhatsApp group, alleging the cause of death to be a cardiac arrest.
“This news came as a shock to us, as only a few months prior, we had taken our mother for a medical check-up and, save for dementia, she did not present any condition suggesting imminent cardiac failure,” the plaintiffs added.
“To date, we have not been provided with any medical report or post-mortem results, as the 1st defendant appears to have conducted such arrangements in secrecy and without our participation.”
The court heard that despite previous differences between the parties arising out of property disputes, the plaintiffs are willing to put aside such disputes for purposes of according our mother a dignified and inclusive burial.
Justus and Judy have since refuted the allegations by their three siblings terming them as frivolous and an abuse of the court process.
The duo claimed that they had not prevented the trio from participating in their mother’s funeral arrangements.
