Court documents show Rosemary Kimwatu did not list her husband as next of kin

Court documents reveal that Rosemary Kimwatu did not designate her husband, Kevin Migwe Kimwatu, as her next of kin. The banking executive's decision was documented in a letter to Lee Funeral Home, which stated that she had named her sister, Judy Koech Oyamo, and her son, Charles Migwe Kimwatu, as her next of kin. The letter, dated August 25, 2026, clarified that the deceased's body could only be released to the sister and son for burial purposes.

The husband, taken aback by the revelation, learned of the situation when he inquired about the burial arrangements on August 26, 2026. He expressed his shock and frustration, stating that the deceased's employer had encroached upon private family matters and unilaterally imposed instructions regarding funeral and mortuary arrangements.

Kimwatu's lawsuit claims that Lee Funeral Home's actions infringe upon his right to secure the release of his deceased wife's body and that her family is determined to have her buried in Kericho County. Consequently, a Nairobi court issued an interim order on August 28, 2026, temporarily preventing the removal and burial of Rosemary's remains without the involvement of her husband, Kevin Migwe Kimwatu.

The court also barred the respondents from interring or burying the deceased without his consent or participation, as well as from conducting any funeral arrangements until the application is heard.