Wakili Talks

Who Has the Right to Bury? The Burial Dispute of Archbishop Musa Magodo Keya,IN THE MATTER OF THE BURIAL OF MUSA MAGODO KEYA (DECEASED) CIVIL SUIT NO. 11 OF 2019


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In this gripping episode, we delve into Civil Suit No. 11 of 2019 from the High Court of Kenya — a landmark burial dispute involving the late Archbishop Musa Magodo Keya. With over two years of legal deadlock, this case captures the dramatic intersection of Kenya's constitutional law, customary Luhya traditions, and family dynamics.


We unpack the emotional battle between two women — each claiming to be the legitimate wife — and explore the legal issues surrounding:


The right to bury a deceased individual in Kenya


Recognition of marriage under civil and customary law


The legal weight of a deceased’s burial wishes


DNA testing of children in estate disputes


Applicability of the Judicature Act, Law of Succession Act, and landmark cases like SM Otieno v Ougo


Whether you’re a law student, legal practitioner, or just curious about how Kenyan courts resolve complex family conflicts, this episode offers a compelling and educational deep dive into one of Kenya’s most debated inheritance and burial battles.

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Wakili TalksBy fred