A Kericho court has halted the burial of former Nyanza Provincial Commissioner Isaiah Cheluget over dispute of land on which he was to be buried.
The deceased’s younger brother, Mr Wycliffe Kitur Cheluget, on Friday filed an application with Lands and Environmental court seeking to stop Mrs Rael Cheluget from burying her husband on a controversial land, pending its resolution.
In sworn affidavit filed in court by Mr Erick Nyadimo, his his lawyer, Mr Kitur alleged that the deceased had “forcefully” built his house on the section he had been apportioned by their late father.
“The application is hereby certified urgent. Pending hearing and the determination of this application, Temporary Orders restraining the defendants/ respondent, herself, her agents, servants, assignees from burying the body of the deceased in the suit land parcel No. Kericho/Chemoiben/142 are hereby granted,” Judge Jane Onyango ruled.
Mr Cheluget, who served in former presidents’ Jomo Kenyatta and Daniel Moi reign, died on June 26 at Kisumu Aga Khan Hospital after a short illness.
His remains were slated to be interred on Wednesday in a high profile send off ceremony in which Nasa presidential flagbearer Raila Odinga and other dignitaries were to attend.
His body is kept at Lazarus Funeral Home in Kericho.
At the time of his death, he was the chairman of Kipsigis Elders, Bureti chapter.
“The deceased is to be interred in another house that he built later after leaving the house located on the said parcel of land.
“Unless orders are granted, the applicant is likely to suffer prejudice, which is likely to deprive the applicant his lawful use and ownership of the piece of land,” Mr Nyadimo said.
The hearing will be held within 14 days.