Husband of former KCB staffer Rosemary Chemutai withdraws case challenging her burial

Nairobi, Kenya – August 31, 2023 – The husband of former Kenya Commercial Bank (KCB) employee Rosemary Chemutai, Kelvin Kimwatu, has decided to withdraw his legal challenge to the circumstances of his wife's burial, according to a statement from his lawyer, Ramadhan Abubakar. Kimwatu's lawyer explained that his client had received instructions to withdraw the case, despite the possibility of seeking an order for Chemutai's remains to be exhumed.

The lawyer said Kimwatu felt he had been denied the chance to properly mourn his wife and, therefore, opted to end the legal proceedings. Instead, Kimwatu is now seeking permission to visit his wife's gravesite at any time the family deems appropriate. Chemutai's biological sister, represented by lawyer Danstan Omari, stated that she had not been formally served with the court documents related to the case and was preoccupied with her sister's burial arrangements.

Lee Funeral Home, which had been served with the court orders, requested a 14-day response period. The families of Chemutai's parents, Felix Kiton and Phillip Langat, expressed no objection to the withdrawal of the case. Kiton noted that the family had never prevented Kimwatu from accessing his wife's gravesite and emphasized their love for Kimwatu as their son-in-law.

The withdrawal of the case marks the end of Kimwatu's efforts to pursue the exhumation of Chemutai's remains and contempt proceedings. The court directed that the suit be withdrawn without orders regarding costs, signaling a potential step towards reconciliation between the parties involved.