Slain lawyer Robert Chesang’s widow wants to be allowed to bury him on their land in Kajiado.
Pauline Omungala on Monday asked the Chief Magistrate’s Court in Machakos to block the Chesang’s relatives from burying him without her consent.
Yesterday, Machakos senior principal magistrate Kipchumba Kenei allowed the prosecution to detain her for 27 more days as investigations continue.
In the application before senior principal magistrate Evans Keago, the widow, through advocate Assa Nyakundi, argues that Chesang’s family advertised funeral plans in the media without her consent and made burial arrangements without consulting her as the legal wife.
“If the kin are allowed to proceed with the funeral arrangements, I, together with my two children, will suffer great losses, mental and psychological anguish that cannot even be compensated by way of damages,” she said.
The widow told the court, “It is only fair that the actions of the relatives be stopped immediately and the wife and their two children be given a chance to arrange and give the deceased a befitting burial in accordance with his wishes”.to be allowed
She wanted the court to declare that, being the only spouse of the deceased, she is the right person to remove from mortuary and bury the deceased on their 10-acre property in Maili Tisa, Kajiado county “in a manner she deems fit and appropriate in accordance to his wishes”.
“As the legal wife, I pray that the remains of the late be released to me for funeral arrangements and burial in a manner and place that best suits the interest of the family,” she said.
She further prayed that the court gives a temporary injunction restraining the respondents, (Chesang’ Kiptala, Daniel Chesang’ and Martha Chesang’), their agents, servants, nominees or any such person from interfering, removing from mortuary at Shalom Hospital in Athi River, burying Chesang’ or doing any such thing on his body until the application is finalised.
Aware of a probable clash, she also asked the court to provide security through the Machakos OCPD during the burial.
The magistrate allowed state counsel Cliff Mochogu’s application to have widow and her co-accused – police officers Richard Moru, Peter Mbithi and former senior NIS officer Lawrence Lampesi – remanded and to be taken for mental check-ups at Mathare Teaching and Referral Hospital in Nairobi.
Mochogu had argued that the first accused does not appear before court as a judicial officer and, therefore, should be treated as such.
“She will be under custody of officer in charge of Machakos GK Prison, who has a duty to ensure the accused person and anybody under Machakos GK Prison is safe. Therefore, her claims of insecurity while at the prison are unfounded,” the prosecutor said.
“I have considered the application. I therefore order that all the accused persons be taken for mental examination at Mathare Teaching and Referral Hospital,” the magistrate said.
“The first accused (Omungala) be remanded at Athi River police station, and the three others at Machakos GK Prison until April 9 when they will re-appear before the court for a plea.”
The 45-year-old Chesang’ was shot dead in his Moke Gardens home in Lukenya, Machakos County, on February 17, this year between 11.30am and 12.30pm. The killers first kidnapped two guards at the main gate of the estate before pumping his body with seven bullets in his living room.
The lawyer had returned to his matrimonial house a few weeks earlier. He had been staying in a hotel for three months after Omungala was transferred to Nyeri.
He had, in a case number 47 of 2018, filed for protection against domestic violence. He alleged he had been forced to move out of his house because his wife was violent and was using police officers to harass and intimidate him.