Drama as court rules Kennedy Onyango, who was shot 8 times during protests, be buried by his mother

There was drama outside the Mbita Law Courts on Friday after the father of a 12-year-old boy who was shot dead during anti-government protests in Nairobi disagreed with a court ruling.

Wailing filled the compound as relatives and friends of Denish Okinyi attempted to forcibly access the court registry.

This prompted police to evacuate the staff and use tear gas to disperse the irate relatives.

The chaos was sparked by a decision from Magistrate Josinta Anyango, granting rights to bury the late Kennedy Onyango, who was shot eight times during the anti-government protests, to his mother.

The court directed that the slain boy be buried at a place of the mother’s choosing and criticized the father for deserting his son only to claim him upon death.

"The body be and is hereby released to the second defendant for burial. The second defendant shall coordinate with the plaintiff in making burial arrangements for the deceased," Magistrate Agutu ruled.

Further, the court ruled that despite the customary Luo culture, which reserves the right for a father to bury their firstborn sons, Denish Okinyi had deserted his son for more than ten years after separating from his mother in 2012.

"From the conduct of the deceased, it is evident that he neglected his children. He deserted the deceased in his lifetime, and even though he was the biological father, it would be depraved to claim the deceased at his death. In pursuit of fairness and natural justice, I dismiss the plaintiff's claim," she added.

Kennedy Onyango was shot eight times at his home in Rongai in July this year during the anti-government protests.

His burial was halted on July 25 after his father obtained a court order stopping the planned burial. Onyango’s body has been lying at the Sindo sub-county morgue since then.