BY SAM ALFAN.
Nyeri Senior Magistrate arrested in connection with the murder of her husband the late lawyer Robert Chesang has filed an application seeking to block his burial.
Magistrate Maisy Pauline Omungala Chesang under certificate of urgency wants the family of her husband chesang be immediately stopped and be given a chance together with their two children to arrange and give the deceased a befitting burial according to his wishes.
Through her lawyer Assa Nyanundi, she says that if her late husband family members Chesang Kiptala (Lokoti), Daniel Chesang and Martha Chesang are allowed to continue with the burial arrangements and interment of the said deceased’s remains, the magistrate who is currently under police custody and her two children will suffer great losses ,mental and psychological anguish that cannot even be compensated by way of damages.
The Nyeri based magistrate is seeking for a temporary injunction restraining the late lawyer siblings Chesang Kiptala (Lokoti), Daniel Chesang and Martha Chesang their agents, servants, nominees or any such persons from interfering, removing from the mortuary at Shalom Hospital in Athi River, burying the remains of the late Robert Chesang and or doing any such thing on the remains of the said deceased until this application is heard and finalized.
Pauline wants the court to declare that her being the only spouse of the deceased she is the right person to remove her husband from the mortuary at Shalom Hospital and bury the deceased Chesang’s remains in their piece of land measuring ten acres at Maili Tisa in Kajiado County in a manner she deems fit and appropriate in accordance to his wishes.
“The remains of the late Robert Chesang lying at Shalom Hospital in Athi River be released to the Plaintiff/Applicant who is his legal wife for funeral arrangements and burial in a manner and place that best suits the interest of the family,” pleaded magistrate.
The magistrate claimed that the family of deceased lawyer arranged and advertised in the local daily on March 6, at page 44 that they will bury Robert Chesang without consulting her at all.
“I have been very distraught by the decision of the defedants (Chesang Kiptala (Lokoti), Daniel Chesang and Martha Chesang) to proceed to make plans and burial of my late husband without involving me. I am the next of keen to my husband and therefore the best placed person to decide on his funeral plans and burial,” said the embattled magistrate.
According to the court documents, Pauline says that “the deceased has a wife he loved and the children who are immediate family who have sentimental value on his remains and place his remains are to be buried.”
“The deceased and I together jointly acquired ten acres of land at Maili Tisa in Kajiado county for sole purpose of setting up our home and that the place I want his remains to be interred so that I and my children and even our future grandchildren can visit his grave for purpose of closure and emotional support,” she adds.
The magistrate said the title is with police which they were ordered by a Mavoko court to return to them but they have not until now.
Pauline said the members of the Chesang family doesn’t talk to her imagining she participated in her husband murder and they will therefore not allow her or her children to visit her late husband grave in Baringo if he was to be buried there.
“The Baringo home has only one small lonely house belonging to my father in law and none of my husband’s siblings have a house there and my father in law is a verybold man who cannot even sit or walk and he will not be able to take care of my husband’s grave if he was to be buried there,” clams the magistrate.
On her supporting affidavit Magistrate Pauline says she got married to Robert Chesang on the October 21,2008.
They have two kids from the said marriage a eight and five years old.
“Through out our marriage, I did severally ask my husband to take me to his home and introduce me to his siblings and parents but he strongly declined stating that he had completely cut links with his family after joining University and was not ever going to go to his ancestral home again,” says Pauline on her supporting affidavit.
She claimed her late husband has 25 years without going to his ancestral home in Baringo county and he was never keen and did not visit his siblings and was not ever anxious for his siblings and or parents visit him.
“I did make efforts to introduce myself to only two of his siblings, Martha Chesang and Walter Chesang a thing my late husband never took kindly and discouraged at all costs,” clams Pauline.
The magistrate has confessed in her court papers they had domestic misunderstanding which lead to court cases.
“It is true that we had our share of domestic misunderstanding culminating in cases in court between me and my deceased husband,” confessed Pauline.
She claimed that on February 17, her husband was unfortunately accosted by thugs who shot him dead while alone in their house at Mike estate in Lukenya area and she was working in Nyeri where she stayed with their two children.
Pauline further adds that her husband body was taken to Shalom mortuary where she identified the body for the postmortem which was done on February 25 and doctors found that her late husband died from multiple wounds in the chest.
She was later arrested for her Husband murder and several of Chesang siblings have since recorded witness statement against her to assist police with investigations.
