The family of Kibra Member of Parliament Ken Okoth is confused about whether to honour his wishes of being cremated or not after he died of cancer.

Ken passed away at the Nairobi Hospital after his family put him off life support as he had requested earlier.

He had also requested to be cremated but his family wants him to but Okoth’s ailing mother, Angelina Ajwang, has warned against cremation plan, saying she would boycott the final rights for his son if her wish is denied.

It is not clear whether he had his wishes legally written but here are things to learn about making your final wishes known about whether to be buried or be cremated.

Although it's not against the law to include your burial plans in a will, it may be futile.

In the event of death, many people have certain desires regarding the type of funeral, final interment, and other matters that cannot be taken care of in a will.

Your executor is usually the person who has the right and responsibility to decide and arrange how your remains will be disposed of (that is, buried or cremated) and where your remains will be placed.

According to Catherine Henry lawyers

Any wishes you have about disposal of your body (set out in your will or otherwise) are not binding – it’s up to those left behind to decide.

If you feel strongly that your body be disposed of in a particular way, it’s important that you choose an executor who is likely to comply with your wishes, and who will consult with your loved ones.  

An individual can, however, write a final wish document.

Although It may not be a legally binding document, at a minimum, it is a statement of your wishes and other information that you hope your family will follow

On whether one can ignore a will

An executor should never willfully take action that is contrary to the instructions given in the will, nor should he ignore provisions that cause the beneficiaries' claims to weaken.

This often happens when the will does not give clear direction.