A Nairobi court has issued an injunction halting the planned burial of KCB Bank executive Rosemary Chemutai Koech-Kimwatu, following a legal petition filed by her husband, Kevin Migwe Kimwatu.
Senior Principal Magistrate Agnes Mwangi issued interim orders barring KCB Bank Kenya Limited, Lee Funeral Home, and members of Chemutai’s family from removing her remains or proceeding with funeral arrangements without her husband’s direct involvement.
Chemutai, 40, who served as KCB’s Head of Data Protection, died on August 21 at her residence in Ngong, Kajiado County. Her family had scheduled her funeral for Saturday, August 29, at her parents’ home in Chepseon, Kericho County.
In court documents filed under urgency at the Milimani Chief Magistrate’s Court, Kimwatu accused his late wife’s family of systematically excluding him from burial planning. The couple married on August 24, 2013, at St. Austin’s Catholic Church in Nairobi and share four children.
Kimwatu stated that while the couple had experienced a four-month separation prior to her death, they had reconciled, and Chemutai had expressed her intention to return to their matrimonial home. Citing statutory marriage protections and spousal burial rights, Kimwatu is seeking court orders declaring him entitled to direct her final rites and authorizing her interment at his ancestral home in Matasia, Ngong Sub-County.
The legal filing also targets KCB Bank Kenya Limited. Kimwatu alleges that on August 25, the bank issued an official letter to Lee Funeral Home instructing that Chemutai’s remains only be released to her sister, Judy Koech-Oyamo, and her eldest son, naming them as next of kin based on internal employment records.
Through Ramadhan Mukira & Company Advocates, Kimwatu challenged the bank’s standing, arguing that an employer lacks legal authority under succession or employment law to dictate the disposition of a deceased employee’s body. The defense team further alleged that disclosing internal beneficiary forms to third parties violated constitutional privacy protections and the Data Protection Act.
The suit names KCB Bank, Lee Funeral Home, and family members Paul Kipkorir Koech and Judy Koech-Oyamo as respondents.
In a statement sent to relatives and friends, Chemutai’s family confirmed that all funeral arrangements have been suspended pending the outcome of the court proceedings, declining further public comment while the matter remains before the magistrate.
The case is scheduled for an inter partes hearing on Monday, August 31.
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