Tension gripped Mufutu village, in Lugari sub county as mourners were taken by surprise after police officers stormed a burial ceremony for one of the residents and served a court order stopping the burial from taking place.
Hundreds of mourners had gathered at the home of the late Joseph Kamtuwa to inter his remains when police officers from Lumakanda arrived and served the court order while the burial mass was on.
The move caused tension with some family members opposing decision to cancel the burial and threatened to go ahead with burial even without the mass.
However, police officers warned to take action against anybody who would disobey the order and move on with the burial
According a police source the case was filed by one Charles Manyonge who claim the ownership of the piece of land where the late Joseph Kamtuwa was expected to be buried. “The order is stopping the burial from taking place on plot 1024 and if it is this one we cannot allow it to go on until the case is heard and concluded,” said the officer on condition of anonymity.
According to the family member led by Mr. Peter Wandukuyu Simiyu and Patrick Wachenda the land in contention legally to the Kamtuwa’s.
“This land belonged to our late father Mr. Wilson Kamtuwa and he was buried here together with our mother. We have all legal documents OF ownership,” they said adding that the complainant should be investigated and explain where he got the title deed he alleges to have terming it fake.
They accused Mr. Manyonge for always causing disturbance whenever they had funeral alleging this was the third time for him to stop burial of their kin.
“First we were served with a stop order during the burial of our father mzee Wilson Kamtua, we had to wait for seven days for the case to be heard and ruled before we buried him here. He also did the same when our mother died of which we won the case and again buried her here. Now he has stopped the burial of our brothers Joseph Kamtuwa and we are asking him if indeed he is genuine why wait until when we are bereaved its when he comes up claiming the ownership of this land? Why doesn’t come up when there’s calmness?” posed Ben Wafula Makokha a family member.
Geoffrey Roha said after winning the previous two cases filed by the complainant they thought it was over saying they were startled when police stormed the burial mass and served the court order stopping the burial to take place.
“He should tell us who sold him the piece of land he is claiming ownership because we are not aware if he bought here land because as family we were not involved,” said Wachenda.
The body was later taken to Chebaiywa mortuary pending the court ruling as the grave was left wide open.