A court has ordered that the late Queen Jane be buried by her family at Mugoiri in Murang’a.
Thika senior resident magistrate Barbara Owino ruled that there was no valid marriage between the deceased and James Kariuki who had gone to court seeking orders to bury her at his Makwa village home in Gatundu North.
Immediately after the judgement, close relatives including sisters of the departed songbird broke into sobs outside the crowded courtroom.
However, advocate Ngure Mbugua representing Mr. Kariuki said he would appeal against the decision saying the court left out crucial evidence and that two key witnesses were not called to testify.
“For instance the mother of the deceased Teresia Wangeci was never called to give her evidence yet she was the first defendant in the case and no explanation was given,” said the lawyer.
The magistrate dismissed testimony by Mr Kariuki that he paid the family of the deceased Sh60,000 as dowry.
“There is no evidence to prove this and whatever may have been given cannot be distinguished from any other gifts between friends,” she said.
Regarding a video played in court showing a wedding between the two, Ms Owino said Pastor J.J. Gitahi who officiated at the ceremony was not licensed to formalize the alleged marriage and that his “capacity to do so was called to question.”
She added; “Under the circumstances no marriage took place between the deceased and the plaintiff and he can only be called a friend to her. The body belongs to her family and they have the right to inter her remains.”
The court ordered Mr. Kariuki to pay mortuary charges from July 6 to date and the family to clear the debt owed before then.
Mr Kariuki said he was shocked by the ruling which he termed as unfair to him saying he had lived with Queen Jane for close to 12 years and that “everybody knew she was my wife.”
“If pastor JJ was not licensed to conduct a weeding, then it was not my fault because he told me he was qualified. I believe I was denied justice by the court,” he told reporters after the judgement.
The family of the deceased was represented by Mugo Kamau who termed the ruling as fair saying the plaintiff did not prove any marriage existed under the Kikuyu customary law or the Christian Marriage and Divorce Act Cap 151.
Queen Jane, born Jane Nyambura Ciira, died on June 30 and her body has been lying at the Chiromo mortuary since then.
Source: Daily Nation
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