Three ask court to stop Kibor burial until recognised as his children
A woman and two men have moved to court seeking to stop the burial of prominent Eldoret businessman Jackson Kibor, which is scheduled for Friday, April 1, 2022, demanding to be recognised as his children.
The three want Mzee Kibor’s burial adjourned until his family recognises them as his legitimate children by allowing them to participate in the funeral arrangements.
They are also seeking an order for the collection of DNA samples from the body and from them for analysis and comparison to determine their paternity.
Through a case filed under a certificate of urgency at the Eldoret chief magistrate’s court, Mr Albert E. Kibor, Ms Elizabeth J. Koskei and Mr Joseph K. Misoi want the court to order that they be allowed to fully participate in Mzee Kibor’s funeral arrangements and burial ceremony as their father.
Temporary injunction
In their sworn affidavit before Eldoret Principal Magistrate Noami Wairimu they want the court to issue them with a temporary injunction restraining Mzee Kibor’s family from removing the body from the mortuary and burying it.
The three want the court to hear and determine their case before the burial can take place.
“We are requesting this court to restrain the defendants/respondents, either by themselves, their relatives, agents, family members or any other from removing and disposing of the body of Jackson Kiprotich Kibor pending hearing and determination of the case,” stated the application filed under a certificate of urgency.
In his supporting affidavit, Mr Albert Elondanga Kibor claims that the Mzee Kibor was in a relationship with his mother Jane Elondanga, under a polygamous marriage in 1978, and he was sired out the said relationship.
Recognised him
He told the court that Mzee Kibor had recognised him as his biological son and they had interacted on several occasions at social and family meetings. He further says he was present at Mzee Kibor’s deathbed when he passed on March 16.
He said that upon the death of Mzee Kibor, he has been prevented from viewing his remains and excluded from funeral arrangements by the defendants without any justification.
On her part, Ms Koskei told the court that Mzee Kibor had a relationship with her mother, Sarah Kibet, which resulted in her birth.
Visited him in hospital
She claims that Mzee Kibor had recognised her as his daughter and that she had been visiting him in hospital until his death.
She accused the burial committee of deliberately omitting her name from the obituary carried in a local daily.
On his part, Mr Misoi, the third plaintiff, argued that Mzee Kibor had a marital relationship with his mother, Philemon Misoi, which resulted in his birth.
Mr Misoi regretted that despite nursing Mzee Kibor as his father during the ten days he was admitted to St Luke’s Hospital in Eldoret, the rest of the family members had excluded him from participating in the burial arrangements.
The court directed that the matter be heard on April 1.
Mzee Kibor died on March 16 at an Eldoret hospital where he had been receiving treatment.