Kenya: It’s Back to the Courts in Wanjiru Family Dispute

Wanjiru Macharia

28 May 2011

Nairobi — The family and legal disputes surrounding fallen marathon champion Samuel Wanjiru will play out in court from Thursday.

Justice Anyara Emukule, who has openly expressed his dissatisfaction with the family’s decision to battle it out in court, will face the three rivalling sides: Mr Wanjiru’s mother, Ms Hannah Wanjiru; his wife, Ms Terezah Njeri; and his supposed other wife, Ms Judy Wambui.

Legal redress

While Mr Wanjiru’s mother moved to court to stop his wife from making burial arrangements or interfering with her son’s remains, Ms Wambui also sought legal redress. She went to court to stop the two from burying her alleged husband.

When Ms Wambui’s application was filed before Justice Emukule, the judge wondered out loud: “Now which one is this again? Is it about the late Wanjiru? How many more such cases will there be?”

The first person to go to court was Hannah Wanjiru on May 19, seeking an interim order barring Ms Njeri from arranging for her son’s burial or removing his body from Lee Funeral Home in Nairobi.

Through lawyer Wilfred Konosi, Hannah Wanjiru said that she went to the home of her late son and found his burial arrangements going on. She said Ms Njeri was planning to bury her son on May 24 without involving her.

Mr Konosi told the court that his client wanted investigations into his death concluded first. He clarified that the matter before the court was not about the late athlete’s estate but his burial.

Justice Emukule granted her a 14-day injunction but told lawyers to seek other ways to resolve the family issues.

However, a few days later, Ms Wambui’s lawyer, Mr Kahiga Waitindi, filed an application seeking to stop Hannah Wanjiru and Ms Njeri from burying Wanjiru.

Ms Wambui, who is six months pregnant, sought orders to have DNA samples extracted from Mr Wanjiru’s body and an analysis be conducted to confirm the paternity of her unborn child.

Justice Emukule granted her request. Her claim that she was Mr Wanjiru’s wife and mother to his child will be considered on June 2, the same day the case filed by Wanjiru’s mother will be heard.

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