SAKINA SOTE KAITTANY & MUSTAFA KIBET KAITTANY V. MARY WAMAITHA

JUDGMENT OF GICHERU, J.A.

After admitting that he did not wish to participate in the burial dispute of his deceased brother, Hezron alias Hassan Kipkosgei Kaittany (hereinafter referred to as the deceased), and that he had only appeared to give evidence in the superior court in that dispute in obedience to that court’s summons, Mohamed Kaittany (D.W.9) who is the Executive Director of the Industrial and Commercial Development Corporation, subsequently told that court that his only desire was the burial of his deceased brother in accordance with his wishes. D.W.9 was the deceased’s immediate follower by birth. Both had grown up together and were close to each other in life. His reluctance to take part in his deceased’s brother’s burial dispute and his only desire being to have him buried according to his wishes is testimony of the anguish burial disputes in this country inflict to those who were close to a deceased person in life for, notwithstanding the law, custom or religion, it is o…