A Nairobi court has ordered a postmortem and burial of a former senior police officer whose children were embroiled in a dispute over her burial arrangements.
Senior Resident Magistrate Festus Terer ordered the parties to conduct a joint post-mortem of the deceased’s body not later than 14th October 2025.
The magistrate also ordered that the late Chief Inspector Milka Moraa Ongubo be buried on 17th October 2025 at her home in Nyamira County.
In addition, the court ordered that the plaintiffs and the defendants have equal rights to bury their mother.
“Both the plaintiffs and the defendants to be involved in the preparation of the deceased’s eulogy,” the magistrate ruled.
The plaintiffs were also allowed to conduct a memorial service at CITAM-Karen or otherwise not later than 15th October.
The court had 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 who also worked as a nurse passed away on 21st September 2025 in Nakuru.
The burial dispute
Julia Kemunto Ongubo, Joyce Kerubo Ongubo and Jackson Momanyi Ongubo accused 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, publishing an obituary, and fixed burial arrangements without their involvement or close family members.
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.
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.
