Rosemary Chemutai’s husband withdraws burial dispute, rules out exhumation

The husband of late KCB senior executive Rosemary Chemutai Kimwatu has withdrawn his case against his in-laws and said he will not seek the exhumation of his wife’s body.

Through his lawyer, Kevin Migwe Kimwatu told the court that although exhumation remained an option following the circumstances surrounding Chemutai’s burial, he was unwilling to pursue it.

Kimwatu’s lawyer said his client had decided to leave what happened on the night of the burial “to God”, despite allegedly being denied an opportunity to mourn his wife.

Instead, Kimwatu has asked to be allowed to visit Chemutai’s gravesite with their children and other family members on a day convenient to the family.

He has also abandoned plans to pursue contempt proceedings arising from the burial dispute.

His lawyer told the court that the decision to withdraw the case was part of an effort to reconcile the two families.

The court was told that the dispute had been a painful chapter for all those involved, with Kimwatu hoping that the relationship between the two families, which had lasted more than 20 years, could eventually be restored.

Lawyer Philip Lang’at, representing Chemutai’s family, welcomed the decision to withdraw the case, saying it had opened the way for reconciliation between the two families.

“It's a welcomed decision by the court today that this matter be put to rest. The applicant, in his own wisdom, has decided to abandon this matter so that we let bygones be bygones,” Lang’at said.

He said the family appreciated Kimwatu for “closing ranks” with them, adding that they were now focused on reconciliation and moving forward as one family.

“We really appreciate the applicant because he has closed ranks with the family of the deceased, and we are now moving on to the next phase of reconciliation and putting our brains together to enable us to move forward as one family,” Lang’at said.

Despite the court orders stopping the burial, Chemutai was later buried by her parents at night.

The decision comes days after a Nairobi court stopped the burial of Chemutai and barred the removal of her body from Lee Funeral Home following a dispute between her husband and her family over her final resting place.

Senior Principal Magistrate Agnes Mwangi on Friday, August 28, 2026, certified the matter as urgent and issued temporary orders restraining Chemutai’s parents, sister, relatives, servants, agents or employees from removing her remains from Lee Funeral Home.

The court also barred the defendants from interring or inhuming Chemutai’s remains without the consent and involvement of her husband.

They were further restrained from making funeral arrangements or conducting the burial without Kimwatu’s involvement pending the inter partes hearing of the application.

Kimwatu had filed the suit at the Milimani Commercial Magistrate’s Court against Chemutai’s parents, her sister and KCB Bank Kenya Limited.

He moved to court following a disagreement over who should take custody of his wife’s body and where she should be buried.

According to his witness statement, Kimwatu married Chemutai on August 24, 2013, at St Austin’s Catholic Church in Nairobi, and the couple had four children.

Chemutai died on August 21, 2026, and her remains were preserved at Lee Funeral Home.

Kimwatu wanted to bury his wife at his ancestral home in Matasia, Ngong Sub-County, Kajiado County.

He claimed, however, that Chemutai’s parents and sister had excluded him from the burial arrangements and intended to bury her at their home in Kericho County.

Kimwatu told the court that although he and Chemutai had been separated for about four months before her death, she had expressed her wish to return to their matrimonial home.

He said he had agreed to her return but she died before she could do so.
The dispute escalated after Kimwatu allegedly learnt on August 26 that Lee Funeral Services would release Chemutai’s body only to her sister.

He claimed the funeral home relied on a letter issued by KCB Bank on August 25 regarding the release and collection of the body.

According to Kimwatu, the letter identified Chemutai’s sister and his son, Charles Migwe Kimwatu, as next of kin.

He accused the bank of improperly involving itself in what he considered a private family matter.

Kimwatu argued that the question of next of kin should not give the employer authority to determine funeral or mortuary arrangements.

He also feared that Chemutai could be buried in Kericho without his involvement or that of their children, prompting him to seek urgent intervention from the court.

The orders issued by Magistrate Mwangi subsequently froze the burial arrangements and barred the removal of Chemutai’s remains from Lee Funeral Home without Kimwatu’s involvement.

With the withdrawal of the case, Kimwatu has now opted to pursue reconciliation and put the burial dispute behind him.

About the Author

Rhoda Bogeta is a Kenyan journalist and multimedia storyteller covering current affairs, human-interest, science and environmental stories, with expertise in reporting, photography, videography and digital content creation. Email: rhodabogeta@gmail.com Instagram : i_am_bogetar X : @I_am_Bogetar LinkedIn: Rhoda Bogeta Tiktok : monique.mora_