The husband of former KCB employee Rosemary Chemutai, Kelvin Kimwatu, has withdrawn the case he filed over the burial of his wife telling the court he will no longer pursue her exhumation or contempt of court proceedings.
Through his lawyer Ramadhan Abubakar , Kimwatu told the court that he had instructions to withdraw the suit, despite there having been an option of seeking orders for the exhumation of Chemutai’s body.
The lawyer said his client was not willing to pursue exhumation, adding that Kimwatu had decided to leave to God whatever happened on the night of his wife’s burial.
He said Kimwatu felt he had been denied the opportunity to mourn his wife and would therefore not pursue further legal action.
Instead, Kimwatu is seeking permission to visit his wife’s gravesite on any day that the family considers convenient.
The lawyer described the situation as a sad moment for all the parties involved, saying his client would also not pursue contempt of court proceedings.
He said the decision was part of a journey towards reconciliation between the parties.
“We hope that the bones that tied them together for over 20 years will be mended,” the lawyer told the court.
Meanwhile, the biological sister of the deceased through lawyer Danstan Omari told the court that she had not been served with the court papers or orders issued in the matter.
She said she had been preoccupied with organising her sister’s burial.
Lee Funeral Home told the court that it had been served with the orders and sought 14 days to respond.
Lawyer for the parents Felix Kiton and Phillip Langat told the court that they do not have no issues to have the matter withdrawn.
Kitton furthur said that no one has denied them to access the grave site and have always loved the husband as their son in law.
The withdrawal of the suit now brings to an end Kimwatu’s bid to pursue exhumation of his wife’s body and contempt proceedings, with the parties instead seeking to move towards reconciliation.
“The suit is withdrawn with no orders a to cost,”court directed
