Kevin Migwe Kimwatu has moved to court to stop the burial of Rosemary Chemutai Kimwatu after what he described as a dispute over her next-of-kin status.
The Milimani Commercial Magistrate Court on Friday, August 28, 2026, issued interim orders stopping the removal and burial of Rosemary’s remains, which are being held at Lee Funeral Home.
The case, MCFC/E111/2026, pits the KCB Bank against the family of the late Rosemary Koech.
Magistrate Agnes Mwangi certified the matter as urgent and issued temporary injunctions pending the inter partes hearing of the application.
The late Rosemary Koech. Photo/Screengrab by Kenya Digest
The court barred the respondents, their relatives, servants, agents and employees from removing Rosemary’s remains from Lee Funeral Home.
“An interim temporary injunction hereby issues restraining the Defendants/Respondents by themselves or through their relatives, servants, agents and/or employees from removing the remains and or body of the late Rosemary Chemutai Kimwatu’s (‘the deceased’) from Lee Funeral Home pending the interpartes hearing of the application,” the order states.
The magistrate also stopped the respondents from burying Rosemary without Kevin’s consent or involvement.
“An interim temporary injunction hereby issues restraining the Defendants/Respondents their servants, agents, employees and or relatives from interring and or inhuming the remains and or body of the late Rosemary Chemutai Kimwatu’s (‘the deceased’) without the consent and or involvement of the Applicant pending the interpartes hearing of this application,” the court ordered.
The late KCB employee Rosemary Koech. Photo/Screengrab
The court further restrained the respondents from making funeral arrangements and proceeding with the burial without Kevin’s involvement.
The orders followed a Notice of Motion dated August 26, 2026.
The respondents have been directed to serve the application, with the matter scheduled for mention on August 31, 2026, for further directions.
The interim orders do not determine the underlying dispute over Rosemary’s next-of-kin status or who is ultimately entitled to make decisions concerning her burial.
The court warned that disobedience or non-observance of the orders would attract penal consequences.
The orders were issued under the seal of the Milimani Commercial Magistrate Court and signed by Agnes Mwangi, Senior Principal Magistrate.
