High Court, on Thursday, stopped the late Kibra MP Ken Okoth's family from cremating him.
The ruling was made following an application by Nairobi nominated MCA Anne Thumbi seeking to stop the process.
In the order, the family was also directed not to bury him as well, until the case is heard and determined.
Reports indicated that the MCA had sired a child with the late MP.
In the suit, the complainant listed Ken's mother Angelina Okoth, his wife, Monica Okoth and Lee Funeral Home as the respondents.
She made the application on behalf of her son, who is a minor, accusing the two respondents of excluding her from funeral arrangements.
“The mother and the wife (of the deceased) have deliberately and unfortunately opted to exclude me from the funeral and burial arrangements of Okoth,” claimed Ms Thumbi.
Thumbi is expected to serve the respondents before the hearing which is set for August 9, 2019.
Senior Resident Magistrate G.A. Mmasi certified the application as urgent.
“That in the interim a temporary injunction be and is hereby issued restraining the 1st and 2nd defendant (Okoth’s mother and wife), either by themselves, their servants or agents from conducting the burial, interment, cremation and or in any manner whatsoever dispose of the body or remains of the late Mr. Ken Okoth pending the hearing and determination of the instant application interparties,” read the order in part.
Okoth's family had settled on cremating his remains on grounds that it was the late lawmaker's wish.
