Nyamira widow battles stepson for husband burial rights, highlighting land injustices against women
Written by Nyachae Brian on August 13, 2025
Kerora village in Riombati Sub-location, Kiangoso Location, Kemera Ward, Kitutu Masaba Constituency, Nyamira County is in shock following the return of a body to the mortuary.
The body of 102-year-old Nemuel Moturi was supposed to be laid to rest on August 1, 2025, at his home. Despite a successful procession from Kenyatta Hospital morgue on July 31, the burial did not take place the following day as planned. The body was taken back to Nyamira Hospital mortuary three days later after the family failed to agree on the burial arrangements.
Unwanted Widow
At the center of this conflict is Milcah Moturi, now 58 years old. She married the deceased in 1998, following the demise of his first two wives.
The first wife, the late Priscilla Moturi, bore eight children, one of whom is now deceased. The second wife had three children, while Milcah has four, the youngest currently in college.
Milcah says the firstborn son from the first wife, Charles Moturi, no longer recognizes her as the legal wife of the deceased.
“He says I was a maid brought to take care of the deceased. Now that he is dead, my services are no longer needed,” laments Milcah amidst sobs.
She insists the deceased paid her dowry and that they lived together peacefully since 1998—a fact also confirmed by neighbors Mellen Kemunto and Peter Nyakundi.
“She took care of mzee all his life. They have lived peacefully even with the foster children,” explains Peterson.
Genesis of the Conflict
In 2021, Milcah returned home from her daily routines to find her husband missing. She later learnt he had been taken to Nairobi by his son without her knowledge for treatment. The deceased suffered from high blood pressure and diabetes.
However, Charles’ account differs on the exact year his father was taken to Nairobi.
“That woman (Milcah) has never come to visit mzee since 2019,” says Charles.
According to Milcah, from 2021 onwards, her husband lived with his son in Nairobi for medical care. The deceased passed away on July 6, 2025, and she was informed on July 11, 2025.
“I am not sure whether it was the high blood pressure or diabetes that killed my husband because I was not in communication with him,” narrates Milcah.
Funeral Procession
Portrait of the late Nemuel Moturi at his house
The body left Kenyatta Hospital on Thursday, July 31. The widow says they lost track of Charles on the way to Kisii.
“My vehicle developed a mechanical problem and I went to have it fixed,” explains Charles.
They waited for Charles in Daraja Moja, Kisii, until 1 a.m., after which they decided to proceed home.
Charles, however, claims that upon arriving in Kisii town, the procession was hijacked by goons allegedly hired by the widow, who believed he was taking the body elsewhere for burial.
“Her daughter hired about 100 goons who hijacked the body in Kisii town. They wanted to kill me. Fortunately, I was not there because my vehicle had developed a mechanical problem,” says Charles.
The burial did not take place the following day since Charles was absent. According to Kisii culture, the firstborn’s grandchild must mark the spot where the grave will be dug. Without Charles or his son present, the burial could not proceed.
Charles appeared on Friday, accompanied by security officers.
“The OCPD Manga accorded me security around 3 p.m. I arrived home with five police officers and tried to persuade them to have my dad buried, with other matters sorted later. She had goons shouting me down, and by the time we finished the discussion, it was around 6 p.m. Mzee could not be buried the next day since it was Sabbath,” says Charles.
Charles further claims the hired goons were not local residents. He accuses the area chief and assistants, who were present, of siding with Milcah.
On Saturday evening, Milcah and her family decided to take the body back to the mortuary to prevent decomposition. Since then, she has filed a case with the Nyamira Law Court.
Decomposing flowers that were to be laid at the deceased’s grave
Cause of the Disagreement
The widow is demanding that Charles give her the burial permit and the title deed to the land before the deceased is buried. She says this will guarantee her a home.
The deceased purchased the land, located in Riombati, in 1967. According to Charles, it was bought by his late mother and father long before Milcah joined the family. He argues that the documents are not valid reasons to delay the burial and says the deceased gave him power of attorney over all his properties.
Neighbor Peter Nyakundi says Charles, alongside his father, received dowry for Milcah’s daughter when she got married.
“The widow took care of him and other siblings. This shows Charles recognized her as his stepmother all through and has no reason to deny her now,” says Nyakundi.
According to the Kisii culture, the widow is not allowed to make any movements or engage in routine duties till her husband is buried. She cannot visit even her home or attend any social gatherings including funerals.
The matter is now in court. Milcah awaits justice as her future regarding home ownership remains uncertain.https://www.linkedin.com/pulse/nyamira-widow-battles-stepson-husband-burial-rights-highlighting-q1cbf
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