The High Court in Kerugoya has cleared the way for the burial of Racheal Muthoni Wandeto after ruling in favor of her family in a dispute over the custody of her remains. On 28th May 2026, mourners were left in a state of confusion when the funeral of the late gospel artist was halted due to a court order.
Delivering the ruling, Kerugoya High Court Resident Magistrate Harisson Mwangi said the court was faced with two competing claims: a proven parent-child relationship and an alleged customary marriage that had not been substantiated before the court.
“The court is therefore confronted with a proven parent-child relationship on one hand, and an alleged customary marriage which remains an unproven reality. In the court’s view, the proven relationship must prevail over the unproven one,” ruled Mwangi.
The magistrate noted that the balance of convenience favored preserving the deceased’s body and releasing it to the person who had demonstrated the strongest legal claim. The court consequently dismissed a preliminary objection dated May 28, 2026, and allowed an application filed on May 25, 2026.
The court further directed Montezuma Funeral Home Ltd to release the remains of Racheal Wandeto to the applicant for burial arrangements. The applicant was also authorized to proceed with burial plans pending the final determination of the case.
Speaking after the ruling, family lawyer John Kahiga welcomed the decision, saying it had finally paved the way for the deceased’s burial.
“The court has clearly given us the go-ahead to bury Rachel Wandeto and directed Montezuma Funeral Home to release her remains to my client so that burial arrangements can proceed,” said Kahiga.
He noted that while the court acknowledged that Peter Jaramba was the father of the two children left behind by the deceased, that fact alone was insufficient to grant him rights over the remains.
“The court was categorical that although Mr. Peter Jaramba was the father of the two children, that itself is not enough to prove that he should be given the body. Our evidence showed that there was no marriage and no customary marriage was conducted. Therefore, my client remains the person entitled to bury Rachel Wandeto,” he added-KBC.
