The High Court has lifted previous orders that had prevented the burial of Johnson Matheka Nzioka, the Chairman of the Kenya Primary Schools Heads Association (KEPSHA).
The court has directed Lee Funeral Home to release his body to the family after collecting DNA samples for verification. This ruling allows the burial to proceed as scheduled tomorrow, at his rural home in Machakos County.
A woman, claiming to be his daughter, states that she was born in 1997. Although her parents separated in 1999, Nzioka continued to provide her with both financial and emotional support until his passing.
According to court documents, her father was involved in a fatal accident on February 16, 2025, and his body is being preserved at Lee Funeral Home in Nairobi.
The woman expressed her shock upon learning that her father’s burial has been arranged for February 28, 2025, without her involvement. In court, she revealed that she attempted to engage in the burial arrangements and requested to read a tribute during the ceremony but was stopped from doing so.
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She is seeking a DNA test to be conducted at a government chemist, supervised by representatives from both sides. The woman further said that since her father’s death, the defendant, along with other family members, has been organizing the funeral without her participation. The family has allegedly denied her status as Nzioka’s daughter, arguing that she has no right to be involved in the burial.
However, the defendants said that they do not oppose her attending the burial but object to postponing it due to logistical challenges and financial implications.
Lawyer Duncan Otieno, representing the defendants, argued, “If the burial is postponed, it will inconvenience family members and delegates who are set to attend. Also, she has not provided any official documents, includinga birth certificate, to prove she is the deceased’s daughter.”
The woman has stated that she has made several attempts to engage with the burial committee to resolve the matter amicably, believing that dialogue would be the best solution.
However, the defendants have allegedly remained uncooperative. Having exhausted all informal avenues, the plaintiff opted to seek legal intervention. The case is now awaiting further court directives regarding the funeral and the DNA test request.
By Joseph Mambili