Kelvin Kimwatu Withdraws Case Seeking Exhumation of Wife Rosemary Chemutai

NAIROBI, Kenya — Kelvin Kimwatu, the husband of former KCB employee Rosemary Chemutai Koech, has withdrawn a court case he filed over the burial of his wife, bringing to an end his bid to pursue her exhumation and contempt of court proceedings.

Through his lawyer, Ramadhan Abubakar, Kimwatu informed the court that he would no longer pursue the case despite having the option of seeking orders for Chemutai’s body to be exhumed.

Abubakar said his client was not willing to pursue exhumation and had instead chosen to leave unresolved questions surrounding the night of his wife’s burial to God.

The lawyer told the court that Kimwatu felt he had been denied an opportunity to properly mourn his wife and had consequently decided against taking further legal action.

Instead, Kimwatu is seeking permission to visit his wife’s gravesite on a day considered convenient by her family.

Abubakar described the matter as a painful moment for all parties involved and said his client would also abandon plans to pursue contempt of court proceedings.

He said the decision was intended to open a path towards reconciliation between the families.

“We hope that the bonds that tied them together for over 20 years will be mended,” Abubakar told the court.

Chemutai’s Family Responds

Meanwhile, the deceased’s biological sister, represented by lawyer Danstan Omari, told the court that she had not been served with the court papers or orders issued in the case.

She said she had been occupied with preparations for her sister’s burial.

Lee Funeral Home informed the court that it had been served with the relevant orders and requested 14 days to respond.

Lawyers representing Chemutai’s parents, Felix Kiton and Phillip Langat, said they had no objection to the withdrawal of the case.

Kiton further told the court that no one had prevented the family from accessing the gravesite and maintained that they had always regarded Kimwatu as their son-in-law.

The withdrawal brings to a close Kimwatu’s attempt to secure the exhumation of Chemutai’s remains and pursue contempt proceedings.

The parties are now seeking to move beyond the dispute and begin a process of reconciliation.

“The suit is withdrawn with no orders as to costs,” the court directed.

Chemutai was buried on Friday night in accordance with Kalenjin traditions, bringing an emotional chapter in the dispute over her burial to a close.