The three asked the court to stop the burial because they want to be recognized as his legitimate children.
They wanted to be allowed to participate in the burial plans
Albert E Kibor, Elizabeth J Koskei and Joseph K Misoi want the court to issue them an order to allow them fully participate in the funeral arrangements of their father.
They filed the case under a certificate of urgency
The matter was filed before Eldoret principal Magistrate Noami Wairimu.
The three sued Kibor’s younger wife Eunitah, his sons Philip Kibor and Richard Sile.
They had asked the court to issue them with a temporary injunction stopping the family of the deceased from removing and disposing of the body.
Kibor’s body was being preserved at the Eldoret hospital mortuary.
“We are requesting this court to restrain the defendants/ respondents either by themselves, their relatives, agents, family members or any other from removing and disposing of the body of Jackson Kiprotich Kibor pending hearing and determining the case,” stated the application filed under a certificate of urgency.
They are also seeking an order for the collection of DNA samples from the body and from them for analysis and comparison to determine their paternity.
In his supporting affidavit, Mr Albert Elondanga Kibor claims that the deceased had an intimate relationship with his mother Jane Elondanga under polygamous marriage in 1978 and he was sired out of the said relationship.
He told the court that the deceased had recognized him as his biological son and they interacted on several occasions at social and family meetings.
He said he was present when he breathed his last on a hospital bed.
The respondent said that upon the death of Mzee Kibor on March 16, he has been denied his remains and excluded from funeral arrangements by the defendants without any justification.
“This is unfair to me as his legitimate sibling and hence pray for the court’s intervention to protect my rights”, he said.
They have accused the organizing committee of acting in malice and with instructions from the defendants to exclude them from participating in the burial plans.
On her part, Elizabeth Chemutai Koskei told the court that the deceased had a relationship with her mother Sarah Kibet which resulted in her birth.
Ms Chemutai claims that Mr Kibor had recognized her as his daughter and she had been paying him visits in hospital until his demise.
She accused the burial committee of deliberately omitting her name from the obituary carried in a local daily
Joseph Kimeli Misoi who is the third plaintiff argued that the deceased had a marital relationship with his Mother Philemon Misoi which resulted in his birth.
Misoi regretted that despite him nursing the deceased as his father during the 10 days he was admitted to St Luke’s Hospital, it was unfortunate that the rest of the family members have excluded him from participating in the burial arrangements of the deceased.
The court directed the matter to be heard under a certificate of urgency on April 1.
“Following an application dated March 28 having been duly considered and is hereby certified urgent to be heard inter partes on April 1. Applicant to serve defendants by close of business on March 30,” directed the magistrate.
Mzee Kibor died at the age of 88 at St Luke’s hospital in Eldoret on March 16 where he had been admitted for ten days.
The family said that he was diagnosed with kidney failure and was undergoing dialysis until his death.
His burial is to take place at Kabenes in Uasin Gishu county.
DP William Ruto and opposition chief Raila Odinga are among those expected at the burial