Drama at morgue as family fights for body

Mishale

Elder Lister
Drama at morgue as family fights for body

By Jacqueline Mahugu | August 30th 2020 at 12:00:00 GMT +0300



Alex Mwandi and Johnstone Kassim Muumbo (right) at Lee Funeral protest for the release of their late father Timothy Mwandi Muumbo’s body. [David Gichuru/Standard]The row surrounding burial of former Nairobi Provincial Police Chief Timothy Muumbo whose body has been lying at a city morgue since 2015, is far from over.


Yesterday, a section of his family was stranded at Lee Funeral Home after the management declined to release Muumbo’s body for burial.

The former cop’s family has been squabbling over where to bury him with some of his children preferring he be laid at his ancestral home where his first wife was buried, while the other roots for another home where his second wife is buried.

Muumbo left an estate estimated at Sh1 billion. The body has accrued Sh4.7 million in mortuary fees.

When the children of Muumbo’s first wife, Phiatah Muumbo, went to collect the body at the funeral home, they found that one of their own, firstborn Mwinzi Muumbo, who sides with the family of the second wife, had written to the morgue objecting to the collection of the body.

“Mwinzi said he was not party to the process of removing that body from Lee and that if the morgue released the body they would fight it for contempt of court. This is because there is an order saying that if the body is to be collected or disposed, the first born should lead the rest of the family in doing that,” Tom Ngeri, a lawyer for Lee Funeral Home told the Sunday Standard.

“When the letter came to the client, we said that if that was the case, they needed to seek further clarifications because there is a very specific order on how the body is supposed to be removed.”

Colourful eulogy
When we spoke to Mwinzi yesterday, he said he did so because he was not aware that there was a funeral arranged. However, another brother, Alex Muumbo, claimed Mwinzi had been informed by elders sent to him a month ago and he declined to participate, claims Mwinzi dismissed.

At Lee, the children of the first wife were left clutching onto colourful eulogy booklets, which described their old man as “the lion of Nzatani”. A veteran policeman, Muumbo was among the first cadre of Kenyan police officers to be trained at the Scotland Yard, UK in the 1950’s.

“Today we finally say goodbye to our beloved father, grand-father and great grandfather...” the eulogy read.

When he died in 2015, a controversial postmortem concluded that he died of heart attack. Suspicion ranged and in the process, a second one was ordered. The matter took a different trajectory when Muumbo’s organs were allegedly found missing, and a separate case took off.

“Because of that, there is a case against Dr Moses Njue and his son. An employee from Lee Funeral Home has given evidence in a criminal court that it was actually Njue who cut out the parts,” Mary Muigai, the lawyer for the first wife’s family told the Sunday Standard yesterday.

Muigai said her clients were of the position that their father should be buried in his ancestral land in Nzatani, Mwingi. This is also in accordance with a 2016 court ruling which also directed that Mwinzi leads the rest in burying their father.

Soon thereafter however, suits and counter suits on the same matter ensued, with one section obtaining stay orders against the decision.
Ngeri said the court order was specific on the collection and disposal of the body, and that Mwinzi , the first born, would lead the family.

“There have been other subsequent court orders, but all of them were referring to that main court order by HCCA no. 7 of 2016. Lee was not a party. Lee was supposed to implement what the family had agreed on,” said Ngeri.

He added that Lee was not opposed to releasing the body if the outstanding bill was settled.
As a matter of fact, Lee had given them the option to pay half and take the body, with the other half to be be paid within six months.




A will is a very important document that will save your family fro this kind of drama after you are gone.
maybe we should also start introducing your whole family to each other early enough to avoid surprises and bitterness later on.

A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution.
 

Mishale

Elder Lister
Lawyer Brenda Majune, says that there is no standard form of writing a will in Kenya. A will is valid as long as the person making the will is above 18 years old and sane, and does so without coercion or undue influence


How to Write a Will in Kenya and Sample

Last updated on: August 7, 2019 by Joseph Mwaniki Leave a Comment

How to Write a Will in Kenya: A legal declaration made by a person and which reflects their intentions or wishes on how their property is to be disposed upon their death is called a will. Wills can be written or oral. With a will, the surviving members of a deceased’s family are assured that the property of the deceased will be distributed based on his wishes. Wills; therefore, prevent family disputes arising during the distribution of property. Here is a look at how to write a will in Kenya.

How to Write a Will in Kenya and Sample doc for deathProcedure of how to Write a Will in Kenya and Sample document/Photo Source
For anyone to write a will in Kenya, they must satisfy five conditions: the testator’s name and their wishes, the gifts, an executor, execution, and attestation.
The Testator’s Name
The testator is the one making the will. As the testator, you need to make a declaration that that is your last will. This is because the latest will usually invalidate the previous declaration. However, an oral will does not invalidate a written will.

The Gifts
Any property that is subject to a will is called a gift. When writing a will, you should name the gift and the person who is to receive the gift. In this part of the will, you should include conditions that need to be met by the one receiving the gift. You cannot assign gifts that you do not own.
An Executor
An executor is the one named by a will. The executor is the person in charge of distributing the deceased’s assets. When a testator fails to name an executor, anyone who wishes to administer the deceased’s estates should make an application in court for them to be considered administrators.
Execution
A will should be signed by the testator or any other person under the direction and in the presence of the testator. For the will to be valid, the signature of the testator or the person signing on his behalf must appear intentional.
Attestation
A will needs to be signed by competent witnesses. Two or more persons must bear witness to the signing of the will by the testator or the one assigned to sign on their behalf. The witnesses must also, in the presence of the testator, sign the will.
[irp]
Sample of a Will
You can download sample of death will to help you get started with writing one from muthurwa.com/samples
Lastly, don’t be in the dark, use the form below to Subscribe for our latest Education News, and interesting campus stuff. You can also comment below for any Question and We Will reply to you.

 

Attachments

mzeiya

Elder Lister
Lawyer Brenda Majune, says that there is no standard form of writing a will in Kenya. A will is valid as long as the person making the will is above 18 years old and sane, and does so without coercion or undue influence


How to Write a Will in Kenya and Sample

Last updated on: August 7, 2019 by Joseph Mwaniki Leave a Comment

How to Write a Will in Kenya: A legal declaration made by a person and which reflects their intentions or wishes on how their property is to be disposed upon their death is called a will. Wills can be written or oral. With a will, the surviving members of a deceased’s family are assured that the property of the deceased will be distributed based on his wishes. Wills; therefore, prevent family disputes arising during the distribution of property. Here is a look at how to write a will in Kenya.

How to Write a Will in Kenya and Sample doc for deathProcedure of how to Write a Will in Kenya and Sample document/Photo Source
For anyone to write a will in Kenya, they must satisfy five conditions: the testator’s name and their wishes, the gifts, an executor, execution, and attestation.
The Testator’s Name
The testator is the one making the will. As the testator, you need to make a declaration that that is your last will. This is because the latest will usually invalidate the previous declaration. However, an oral will does not invalidate a written will.

The Gifts
Any property that is subject to a will is called a gift. When writing a will, you should name the gift and the person who is to receive the gift. In this part of the will, you should include conditions that need to be met by the one receiving the gift. You cannot assign gifts that you do not own.
An Executor
An executor is the one named by a will. The executor is the person in charge of distributing the deceased’s assets. When a testator fails to name an executor, anyone who wishes to administer the deceased’s estates should make an application in court for them to be considered administrators.
Execution
A will should be signed by the testator or any other person under the direction and in the presence of the testator. For the will to be valid, the signature of the testator or the person signing on his behalf must appear intentional.
Attestation
A will needs to be signed by competent witnesses. Two or more persons must bear witness to the signing of the will by the testator or the one assigned to sign on their behalf. The witnesses must also, in the presence of the testator, sign the will.
[irp]
Sample of a Will
You can download sample of death will to help you get started with writing one from muthurwa.com/samples
Lastly, don’t be in the dark, use the form below to Subscribe for our latest Education News, and interesting campus stuff. You can also comment below for any Question and We Will reply to you.

Absolutely awesome. Asanda
 

Mishale

Elder Lister
Siwezi wahurumia. Their father/husband/sponsor was a thug. There's no way you can accumulate 1 billion while working for 25 years as a civil servant.

It means that on average, his wealth grew by about Sh.110,000 daily for 25 years.

How?
i also tend to agree that the money wasn't legally accumulated.

wacha wapambane
 

Ssabasajja

Elder Lister
In some places, patriarch huzikwa in the first wife's homestead. Then when the wives die, they are buried beside the man.
 

Gus Weyne

Lister
The bearer of the death certificate calls the shots property wise....so I hear
The bearer of the Certificate of Death gets a head start of sorts because s/he can rush to court and petition to be made the administrator of the dead person's Estate. But the lead will be narrowed to a "par" as soon as the "rivals" learn of the petition. So long as the Estate has not been distributed the grant can ALWAYS be revoked.


But in this case, according to the reports, there is a will. It means the mzee had appointed executors. It makes the burial dispute (assuming it's for the purpose of securing the Certificate of death and hopefully a head start into the mzee's coffers) infinitely stupid .
 

Mishale

Elder Lister
Don't be too excited. Even wills can be invalidated. My 2 cents would be that you ensure that your family is cohesive, let them work to build the family business so that the will be invested in it and do not waste it when you are gone.



But what does it matter? You'll be dead anyway!
so our only way out is to ensure a cohesive family while alive and hope it sticks when we are dead.

maybe it might be even better to share out the wealth while alive (and also hope for the best when you are gone.
 
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