Three ask court to stop Kibor burial until recognized as his children

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Three ask court to stop Kibor burial until recognized as his children


Mzee Jackson Kibor

The late Mzee Jackson Kibor gives his speech during the first men only congress in Eldoret on October 21, 2019. Mr Kibor was key speaker at the meeting. PHOTO | JARED NYATAYA | NMG

Summary

  • Through a case filed under a certificate of urgency at the Eldoret Chief Magistrate’s Court, Albert E Kibor, Elizabeth J Koskei and Joseph K Misoi want the court to issue an order allowing them to fully participate in Kibor’s burial ceremony as their father.
  • They want the burial slate delayed until the family of the deceased recognizes them as legitimate children by allowing them to participate in the funeral plans.
  • In his supporting affidavit, Albert Kibor claims that the deceased had an intimate relationship with his mother Jane Elondanga during a polygamous marriage in 1978 and he was sired out of the said relationship.

A woman and two men have moved to court seeking to stop the burial of prominent Eldoret businessman Jackson Kibor scheduled for tomorrow, demanding to be recognized as his children.

They want the burial slate delayed until the family of the deceased recognizes them as legitimate children by allowing them to participate in the funeral plans.

They are seeking an order for collection of DNA samples from the body and from them for analysis to determine their paternity.

Through a case filed under a certificate of urgency at the Eldoret Chief Magistrate’s Court, Albert E Kibor, Elizabeth J Koskei and Joseph K Misoi want the court to issue an order allowing them to fully participate in Kibor’s burial ceremony as their father.

In their sworn affidavit before Eldoret Principal Magistrate Noami Wairimu, listing the young wife of the deceased Eunitah Chelimo Kibor, Philip Kibor and Richard Sile as defendants, they want the court to issue them with a temporary injunction to restrain the defendants and other family members from disposing the body.

“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 determination of the case,” stated the application filed under a certificate of urgency.

In his supporting affidavit, Albert Kibor claims that the deceased had an intimate relationship with his mother Jane Elondanga during a polygamous marriage in 1978 and he was sired out of the said relationship.

He told the court that the deceased who died aged 88 years had recognized him as his biological son and they had interacted on several occasions at social and family meetings.

He further says he was at Kibor’s deathbed when he died on March 16.

The respondent said that upon the death of Kibor, he has been barred from viewing his remains and excluded from funeral arrangements by the defendants without justification.

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