Family seeks justice after widow assaulted at husband's burial

In a video that has since gone viral, Mellen Mogaka was attacked by three men during the burial in Kisii. 

It is alleged that her husband’s family opposed her decision to move out of her matrimonial home.

The video, which has sparked outrage on social media, shows Mellen crying for help. 

The incident occurred in Nyabisimba village, Kisii, on Friday, where Mellen had attended her late husband’s burial. While nursing her injuries at home, she recounted the harrowing ordeal, in which she and her parents were assaulted.

“Kuna mama alikuja akanifunua nguo mpaka nguo ya ndani ilikuwa mchanga tupu. Mpaka maskio waliweka mchanga, alafu wakaniweka kwa kaburi wakazika viatu zangu pamoja na nywele.”Mellen Mogaka, told the media. 

Mellen’s father, Nehemiah Matundura, also suffered violence during the incident.

“Nikarushwa, nikatingizwa. Wakachukua mtoto yangu, wakarusha kwa kaburi. Hata ile nguo nilikuwa nimevaa, brownish Kaunda suit, ikawekwa mchanga.”Nehemiah Matundura, Mellen’s Father recounted the details. 

Her mother, Jelia Kerubo, described the ordeal as deeply humiliating and inhumane.

“Saa ile watu wametoka, mtoto analambishwa mchanga ya kaburi, wanammwagia maji kunywa, wanachukua viatu yake wanarusha ndani ya kaburi. Sasa mniambie, hiyo ni mila gani inafanywa hivo?”Jelia Kerubo, Mellen’s mother told the media on Monday. 

Despite widespread condemnation, some Gusii elders have defended the attack, stating that Mellen’s refusal to partake in the burial ritual was the cause.

“Hatuwezi sema this is about human rights and whatnot. This is about culture and traditions, na watu wanaheshimu mila zao.”Obino Nyambane, a Gusii senior elder said. 

According to Section 250 of the Penal Code, any person who unlawfully assaults another is guilty of a misdemeanor and is liable for imprisonment. 

Various legal frameworks, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), have criminalized gender-based violence justified by cultural practices.

Directorate of Criminal Investigations (DCI) boss Amin Mohammed has confirmed the arrest of three suspects identified as Lameck Osoro, Robert Sarudi, and Bismark Sarudi. 

They are set to be arraigned in court to face charges related to the assault.