An Eldoret court has released a mother and her four adult children on bond after they were charged with unlawfully exhuming the body of her late husband amid a protracted family land dispute.
Principal Magistrate Kesse Cherono granted Sally Tanui and her children — William Cheruiyot, Abraham Kipyego, Faith Jepng’etich, and Dickson Kipchirchir — bond of KSh 500,000 each, with an alternative cash bail of KSh 100,000 per person.
The court’s decision was influenced by a plea from Officer Commanding Juakali Police Station (OCS) Alividza Muhoye, who informed the court that the grave at the center of the controversy remained open a week after the family’s arrest, posing a public health risk.
“The grave that contained the remains of the late is still open and it is posing a health hazard in the area,” Muhoye told the court. He also noted that according to Kalenjin customs, only the family members who exhumed the body are allowed to return the remains and perform the necessary burial rites.
The accused were arrested after allegedly exhuming the body of Noah Tanui, who was buried in 2010 at his home in Leseru village, Turbo Sub-county. According to the prosecution, the incident took place between April 5 and 6 this year. The family is accused of violating Section 146(1) of the Public Health Act CAP 242, which prohibits the disturbance of a grave without proper authorization.
In court, it was revealed that the exhumation was driven by deep-seated frustrations over a longstanding land dispute involving the widow and her co-wife. During their arrest, the family reportedly admitted they took the drastic action in a bid to draw attention to their plight.
In granting bail, Magistrate Cherono emphasized that the court’s decision was also meant to facilitate the dignified reburial of the deceased, in accordance with cultural rites. The court directed the OCS to oversee the process and ensure the grave is properly sealed.
“Due to the nature of this matter and events surrounding this incident, the court has released you on Sh500,000 bond with an alternative cash bail of Sh100,000,” ruled Magistrate Cherono. “The OCS is hereby directed to assist in facilitating the closure of the grave upon return of the remains.”
The case is scheduled for mention on April 28, 2025.
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