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January 13, 2026
2h ago

Court Clarifies Rules for Ancestral Land Burials

Court Clarifies Rules for Ancestral Land Burials

The court examined whether the deceased had left clear burial instructions. The court found no conclusive burial wishes and, therefore, applied established legal principles used when the wishes of the deceased are unclear...

✨ Key Highlights

The High Court of Kenya recently clarified rules for ancestral land burials, a common source of intense family disputes. This decision stemmed from a case involving Mburu Kinani, whose burial location was contested between his ancestral home in Gatanga, Murang’a County, and his adopted home in Gilgil where he lived for 40 years.

  • The High Court overturned a magistrate's ruling, emphasizing the "test of proximity" to determine burial sites when wishes are unclear, focusing on where the deceased lived and had meaningful connections.
  • Justice Helene Namisi ruled that customary law cannot override constitutional values like dignity and fairness.
  • Mburu Kinani will be buried in Gilgil, next to his second wife, despite claims of ancestral tradition in Gatanga.

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