By Oliver Ochieng
It is the prayer of many that once a family member is dead, he or she rests in peace ‘until they meet again.'
However, that has not been the case for one Alice Odera Nyabola, who died on August 01, 2024 aged 90 years, and is yet to be buried over a family dispute on where her remains will be laid to rest.
Some family members are against the burial of her remains on a piece of land she occupied in her lifetime. Her body continues to lie at a morgue in Bondo, Siaya County with hope that the dispute – which become the subject of a court case, will be amicably settled to pave the way for her burial.
Pamela Atieno, one of the deceased’s children, told Jabali Media that the land in question – North Sakawa/Nyawita 1216 was ‘verbally’ given to her mother by a family member during a meeting in August 1998.
The decision, she said, was made after being noted that Alice did not have another place to live upon getting separated from her late husband, who had other wives. The land in question belonged to the late Milla Owuor Nyabola.
Alice Odera Nyabola first built a grass thatched traditional hut called ‘Ligala’ in Luo language as directed by the Luo culture.
She stayed in the house for a year before constructing a permanent house comprising 5 rooms that still stands on the land to date.
She later developed the land, built two latrines and a bathroom, besides ensuring that the house was connected to electricity and water.
Erick Nyabola Owuor, son to the late Milla, with reported backup from one of his uncles – Tobias Nyabola Olang’o allegedly used the loophole of the parcel of land not being in the name of Alice to file a case, number MCELC/E038/2024 at the Chief Magistrate Court in Bondo, against the burial of Alice’s remains on the said land.
Alice’s daughters – Phoebe Anyango Otieno, Florence Anyango Otieno and Hellen Apiyo Otieno were cited in court as defenders.
The court in a ruling made by Magistrate Douglas Ogoti on November 26, 2024 determined that the deceased was not the owner of the land in dispute.
“In these proceedings, it was not disputed that the deceased was allowed to pitch tent at the parcel of land. Further, the deceased is the person who should have made the application for adverse possession to the High Court during her lifetime. Hence the claim for adverse possession was not established as by law required,” he ruled.
“The first issue having failed, the 2nd issue on whether the applicants ought to be allowed to bury the remains of the deceased on the parcel of land must also fail. The totality of the matter then is that the plaintiff’s suit succeeds. There will be no order as to costs.”
Latrines and bathroom in the disputed compound. Photo/Courtesy
According to Pamela, they did not appeal the ruling due to lack of funds. As such, they are supposed to vacate the land at the end of this month, throwing their mother’s burial plans into further limbo.
She is appealing to Erick and his uncle Tobias to give them more time, so that they can plan for a place and proper send-off for their mother.
“We can't even appeal because we don't have money. And even if we appeal, it will be very difficult because the case can take even two years for my mother’s body to remain in the morgue,” she said.
“We are not fighting for the land. We just need a place to bury our mother, the rest of the plot can be taken up by whoever wants to use it,” she added.
The mortuary bill, she said, is almost Sh100, 000.
We reached out to Tobias for his comment on the matter. He said the plot Alice occupied since 1998 was given to her by his late brother, Milla.
Milla, Tobias added, had bought the plot to develop it for his children.He died before fulfilling the dream. He added that Milla’s children, now grown ups, are the ones demanding for their father’s property.
He accused Pamela of curtailing initial plans for her mother’s burial, adding that the family of Alice’s husband was willing to bury her since her dowry was paid in accordance to the Luo traditions.
“The community of Alice’s husband has already set a place for her burial. The issue is not a place to bury her, I think the issue is burial expenses,” he added.
With the court having given its verdict, Tobias said, his hands are tied. Our efforts to reach Erick failed to bear fruits as our several calls were met with “the number you are trying to reach is currently busy.”
However, Carren Kiarie, a Nyando based human rights defender urged Tobias and the family to allow Alice be burried at the place she called home since 1998.
"The matter is not where to bury her. She can even be buried at the cemetary. You are chased from where you were married, you are given land by your brother and then when you die you cannot even be buried. That is the gist of the story," she conluded.