Burial Dispute Over Late Mburu Kinani Escalates After Night Burial

Milimani High Court

The long-running dispute over the burial of the late Mburu Kinani, father to Kiambu County Deputy Governor Rosemary Njeri Kirika, has escalated following his night-time burial on September 17, 2025.

The children of his first wife are now threatening to approach the courts seeking orders to exhume the body.

The conflict over Mzee Mburu’s burial had initially been addressed on June 12, 2025, when Magistrate Gerhard Gitonga directed that the body be laid to rest at his ancestral home in Gatanga, Murang’a County, next to the grave of his first wife.

However, this ruling was later challenged in the High Court by Rosemary Njeri Kirika and her siblings Geoffrey Nganga Mburu, Alice Wambui Mburu, Regina Muthoni Mburu, and Patrick Karanja Mburu, who argued that the magistrate had erred in law.

On September 17, the late Mburu’s stepchildren reportedly removed the body from Kijabe Mission Hospital and conducted the burial during the night.

In a press briefing today, family advocate Danstan Omari criticized the night burial, describing it as completely contrary to justice and morality.

He confirmed that the children of Mburu’s first wife intend to seek court orders to exhume the body.

Lawyers representing the first wife’s family, Danstan Omari and Stanley Kinyanjui, further alleged that they were denied the opportunity to appeal the High Court ruling that allowed the burial by Rosemary Njeri Kirika and her siblings.

They claimed that the stepchildren introduced new documents during the High Court appeal that had not been presented at the Magistrate’s Court.

Despite filing a request to expunge these documents, the Judge reportedly rejected the application.

“On September 16, 2025, the Court delivered a ruling and, without granting leave to appeal, proceeded to authorize the stepchildren to bury Mzee Mburu,” said Advocate Kinyanjui.

He added that the burial took place on September 17 at 6:00 pm, criticizing the High Court for what he described as selective efficiency in granting burial rights.

Advocate Omari also stated that the family plans to petition the Chief Justice to issue practice directions requiring that burial dispute decisions automatically trigger a stay of proceedings, ensuring parties can appeal before any burial is conducted.

“Mburu Kinani was the father of the Kiambu deputy governor, a prominent figure. To bury him in this manner is completely contrary to justice and morality,” he said.

Mzee Mburu passed away on November 20, 2024, at the age of 92. Despite being the family patriarch, his death sparked a bitter feud between relatives over his final resting place and which family members had the right to conduct burial rites.

Three daughters from Mburu’s first marriage, represented by Advocates Omari and Kinyanjui, filed a suit asserting their right to participate in burial arrangements and requested the court authorize interment in Gatanga, alongside their mother.

The children of Mburu’s second wife, Magdaline Waithira Mburu, opposed the move, arguing the family home was in Gilgil, where Magdaline had been laid to rest.