A Nairobi court has ordered a joint postmortem examination on the body of retired nurse and former Chief Inspector of Police Milka Moraa Ongubo, amid an escalating family feud over her burial.
Delivering the ruling virtually, Senior Resident Magistrate Festus Terer directed that the procedure be conducted no later than October 14, 2025, in the presence of representatives from both sides of the family.
The order followed an urgent application filed by some of Ongubo’s children Julia Kemunto Ongubo, Joyce Kerubo Ongubo, and Jackson Momanyi Ongubo, seeking to stop their siblings, Justus Morara Ongubo and Judy Kemuma Ongubo, from proceeding with burial plans without involving them.
Through their lawyer Danstan Omari, the applicants told the court that their brother, who lives abroad, secretly removed their ailing mother from her Lang’ata home in Nairobi and concealed her whereabouts until her death on September 21, 2025, in Nakuru.
They accused the defendants of unilaterally publishing an obituary and fixing burial arrangements without consulting the rest of the family. The applicants further questioned the circumstances surrounding their mother’s death and asked the court to allow an independent postmortem before any burial takes place.
In response, Kemuma, swearing an affidavit on behalf of herself and her brother, dismissed the application as frivolous, calling it a “clear abuse of the court process.”
She maintained that there was no burial dispute, insisting that all family members were welcome to attend and participate in their mother’s funeral, which she said would take place at their home in Nyamira County.
In his ruling, Magistrate Terer emphasized that all the deceased’s children have equal rights to participate in their mother’s burial, noting that the court’s immediate concern was to preserve peace and dignity pending the postmortem.
He directed that the body, currently preserved at Umash Funeral Home in Nakuru, be relocated to Umash Funeral Home in Nairobi to facilitate the examination, with the plaintiffs bearing the cost of transfer.
The magistrate also allowed the plaintiffs to organize a memorial service at CITAM Karen or any other appropriate venue before October 15, and directed that the defendants be allowed to attend and participate.
According to the court, the deceased’s remains will be jointly transported by all her children to Nyamira County on October 16, ahead of a proposed burial on October 17, 2025.
It was further ordered that both sides work together in preparing the eulogy and final burial programme.
To ensure compliance, the court directed the Officers Commanding Lang’ata and Nyamira Police Stations to supervise and facilitate the process.
Magistrate Terer made no orders as to costs, signaling the court’s intention to encourage unity among the family as they navigate their mother’s final rites.
The late Ongubo, who served at the Ministry of Defence Memorial Hospital for 32 years before retiring, was celebrated as a dedicated public servant and mother. The court will reconvene once the postmortem results are presented, as the matter remains pending.
