Kelvin Kimwatu, the husband of former KCB employee Rosemary Chemutai Koech, has withdrawn the court case he filed over the burial of his wife, bringing to an end his plans to seek her exhumation and pursue contempt of court proceedings.
Through his lawyer, Ramadhan Abubakar, Kimwatu told the court that he was no longer willing to pursue the matter despite having had an option of seeking orders for the exhumation of Chemutai’s body. His decision means that the dispute over the circumstances surrounding his wife’s burial will not proceed further through the case.
Abubakar said Kimwatu had decided to leave the events surrounding the night of his wife’s burial to God.
The lawyer told the court that his client felt he had been denied an opportunity to properly mourn his wife and had therefore chosen not to take further legal action.
Instead, Kimwatu is seeking permission to visit Chemutai’s gravesite on any day that her family considers convenient. His lawyer said the request was part of efforts to allow the parties to begin the process of reconciliation after the disagreement that followed Chemutai’s burial.
The lawyer described the situation as a sad moment for everyone involved, adding that Kimwatu would also not pursue contempt of court proceedings.
He said the decision was guided by the need to restore relations between the parties.
“We hope that the bonds that tied them together for over 20 years will be mended,” Abubakar told the court.
During the proceedings, the biological sister of Chemutai, represented by lawyer Danstan Omari, said she had not been served with the court papers or the orders issued in the matter.
She explained that she had been focused on organising her sister’s burial.
Lee Funeral Home told the court that it had been served with the orders and requested 14 days to respond. Lawyers representing Chemutai’s parents, Felix Kiton and Phillip Langat, said they had no objection to the withdrawal of the case.
Kiton further told the court that the family had not denied Kimwatu access to the gravesite. He said the family had always loved him as their son-in-law.
The withdrawal of the suit now ends Kimwatu’s attempt to pursue the exhumation of Chemutai’s body and contempt proceedings. The parties will instead seek to resolve their differences and work towards reconciliation.
“The suit is withdrawn with no orders as to costs,” the court directed.
Chemutai was laid to rest on Friday night in accordance with Kalenjin traditions, amid a dispute that had brought her burial before the court.
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