Rosemary Chemutai Koech Burial Dispute Ends as Husband Withdraws Court Case

The burial dispute involving KCB executive Rosemary Chemutai Koech has ended after her husband, Kevin Migwe Kimwatu, withdrew his legal challenge against her family.

Mr Kimwatu confirmed the withdrawal during a virtual court hearing on Monday, days after Rosemary was buried on Friday evening in Chepseon, Kericho County. Her burial was conducted according to Kipkendek clan customs and Kipsigis traditions.

Mr Kimwatu told the court that he would not seek Rosemary’s exhumation or pursue contempt proceedings against his in-laws.

“Her burial has already taken place, and pursuing the case further would not change that,” he said, adding that he had “left everything to God”.

He said his initial intention had been to give both families time to agree on a dignified farewell, rather than prevent the burial indefinitely. He said his focus was now on their children and asked for privacy as they mourned.

The withdrawal brings to an end a dispute that had placed legal orders against the family’s customary burial arrangements. On Friday, the Milimani Commercial Magistrate’s Court issued interim orders preventing Rosemary’s family, Lee Funeral Home and KCB from proceeding with the burial without her husband’s consent.

However, her parents buried her later that evening in Chepseon, citing cultural practices that discourage delays in burial. The transfer of her body from Nairobi to Kericho was carried out discreetly, with some close relatives reportedly learning of the arrangements only after the burial had taken place.

In his court filings, Mr Kimwatu argued that, as Rosemary’s legally recognised husband, he had the right to participate in decisions concerning her funeral. He had wanted her to be buried at his ancestral home in Ngong, Kajiado County.

He said that although the couple had experienced marital difficulties, they remained married and had recently discussed reconciliation. Rosemary’s family gave a different account. They said she had returned to her parental home while undergoing treatment and later died at her residence in Ngong. 

They maintained that burying her in Kericho was consistent with family wishes and Kipsigis traditions. The court allowed the suit to be withdrawn without making any order on costs, bringing the legal proceedings to a close.