NAIROBI, August 28, 2026 -The court has temporarily halted the burial of KCB executive Rosemary Chemutai Kimwatu following a dispute between her husband and members of her family over who should oversee her final send-off.
The order was issued after her husband, Kevin Migwe Kimwatu, moved to the Milimani Chief Magistrate’s Court seeking to stop what he described as burial arrangements being made without his involvement.
In court papers filed on August 26, Kimwatu says he was sidelined from the arrangements despite being the deceased’s husband and father of their four children.
He wants the court to declare him entitled to make decisions concerning his wife’s burial and final rites and has asked that her remains be buried at his ancestral home in Matasia, within Ngong Sub-County, Kajiado County.
The court action has temporarily disrupted funeral plans, with the family confirming in a message to relatives and friends that a court order had been issued stopping the funeral and burial arrangements pending the hearing and determination of the case.
“This is certainly not the situation any family would wish to find itself in while grieving the loss of a loved one,” the family said.
The family said its wish was for Ms Chemutai to be buried peacefully and with dignity, while ensuring that her husband and children were given an opportunity to mourn and participate in her final farewell.
Ms Chemutai, who died on August 21, 2026, was an employee of KCB Bank Kenya Limited, where she served as Head of Data Protection within the Risk Division.Her remains are being preserved at Lee Funeral Services.
According to the plaint, Kimwatu and Ms Chemutai were married on August 24, 2013, at St Austin’s Catholic Church in Nairobi and had four children.
Kimwatu says that although the couple had separated for about four months before her death, they had reconciled and that his wife had expressed a desire to return to their matrimonial home before she died.
He claims that members of her family subsequently indicated that she would be buried at their home in Kericho County, without involving him in the arrangements.
The husband further alleges that on August 26, he was informed by the funeral home that his wife’s body would only be released to her sister, Judy Koech-Oyamo.
He attributes the decision to a letter allegedly issued by KCB on August 25, which, according to his court papers, instructed the funeral home on the release and burial arrangements and identified Ms Koech-Oyamo and his son, Charles Migwe Kimwatu, as next of kin.
Kimwatu has accused the bank of interfering in a private family matter and wants the court to declare the letter unlawful and without legal effect.
His lawyers, Ramadhan Mukira & Company Advocates, also wrote to KCB on August 26 demanding that the bank withdraw the instructions and refrain from further involvement in the funeral arrangements.
The lawyers argue that an employer has no authority under employment or succession law to direct a funeral home on the handling or burial of an employee’s remains.
They have also raised concerns over the alleged disclosure of personal information belonging to family members, including names, identification numbers, telephone numbers, email addresses and postal addresses, in the letter to the funeral home.
The lawyers contend that the disclosure breached constitutional privacy protections and provisions of the Data Protection Act.
The bank, funeral home and the deceased’s relatives named as defendants in the suit will have an opportunity to respond to the allegations.
Kimwatu has asked the court to direct the funeral home to release his wife’s remains to him and to order police security during the burial.
He has also asked the court to declare that the remains be interred at his ancestral home in Matasia.
The dispute has placed the family’s funeral plans on hold as the court considers competing claims over the arrangements.
In their message to relatives and friends, the family said they would refrain from commenting on the merits of the case now that the matter was before the court.
“We remain hopeful that this process will provide clarity and allow a way forward that respects Rosemary Chemutai’s memory, her family and, most importantly, the wellbeing of her children,” the family said.
They appealed for prayers for both families and, in particular, for the four children as the family navigates the dispute following their mother’s death.
The case is before the Chief Magistrate’s Court at Milimani, with the husband seeking substantive orders on the handling of the remains and the final burial arrangements.
