The mother to the late city lawyer, Robert Kasango, also known as Bob Kasango has vowed to not step foot in Fort Portal to burry his own son after a prolonged court battle with her daughter-in-law over where the deceased lawyer was to be “rightfully” buried.
The deceased’s wife, Nice Kasango Bitarabeho wanted the remains of his husband to be buried in Fort Portal where he was set to build his country home whereas his mother, Rosie Kabise wanted the remains laid to rest in Tororo district.
The late Kasango’s mother was so enraged after the Family Division of the High Court today afternoon ruled and directed that the remains of lawyer Bob Kasango be buried in Fort Portal.
“We won’t attend the burial in Fort Portal. I carried him for 9 months in my womb and court decides that my son should be buried at his in laws’ place! Even if it is 100 years, the remains will be brought to Tororo,” Kabise said.
Justice Lydia Mugambe who presided over the case noted that the burial should be done within four days from today, amidst tight security. She directed that Police and other local authorities should ensure the burial ceremony is conducted peacefully, and also gave special orders that the deceased’s mother be allowed to attend the burial.
Kasango’s mother and other relatives from his ancestral side however swore that they cannot tolerate such “nonsense” and cannot therefore be part of the burial in Fort Portal.
Cause Of The Case
For almost a month now, deceased lawyer, Bob Kasango has not been buried since he died of heart failure last month as he was being driven from Luzira Prison where he was serving a 15-year jail term to Mulago Referral Hospital for better treatment.
Kasango was pronounced dead, people mourned and plans to burry him were made, not until towards his burial when the police had to intervene in a fight between Kasango’s relatives, arising from a conflict over where he should be buried, involving the side of the deceased’s parents and his wife’s family.
After the Church service at All Saints Cathedral, Nakasero, Kasango’s relatives from Tororo organised young men who came and grabbed away the body, asserting that they were heading to Tororo for burial.
However, the wife had also organised a burial ceremony for her late husband at her ancestral home in Tooro kingdom. But Kasango’s relatives refused, noting that their son cannot be buried in Tooro, which is a foreign land according to their culture and norms.
His mother said she could not allow her son to be laid to rest at the wife’s ancestral grounds, as if she was the one who married him and had been taking care of him till his death.
When the body was whisked away, the wife immediately reported to police and the body was intercepted by Police at Namugongo, in Kiira Municipality.
This forced the wife to petition court for powers to bury the remains in Fort Portal, as Kasango’s corpse has since been under the protection of Police.
Why Court Decided That Kasango Should Be Buried In Tooro
On Friday, owing to evidence by the deceased’s mother that Kasango was born to a Musoga dad but was raised by his stepfather Okello Bonneventure of Tororo, Justice Lydia Mugambe said it was only prudent that the remains are buried at the ancestral home which the judge said can’t be Tororo.
“In the patriarchal context of culture, the deceased in Busoga or Bulemeezi (where his father’s family migrated). Migrations of families is a historical practice in Uganda. It is accepted the family migrated from Busoga to Bulemeezi. However, there is no evidence that such migration changes one’s family, patriarchal ancestors. Migrations don’t affect anyone’s being a Musoga , Muganda or any other tribe,” Justice Mugambe ruled.
“It therefore follows that if the deceased’s biological father was a Musoga, then there is no justification for the respondent (mother) to impose any culture on the deceased or his family.”
The judge explained that since Kasango was not a Japadhola (according to mother’s evidence), it is therefore not right for anyone to force the Japadhola cultural beliefs on him.
Justice Mugambe said that evidence indicates that there was no concrete relationship between the deceased’s family and the people from Tororo led by his mother in that he never showed them to his wife.
She insisted there is no justification for Kasango to be buried at the ancestral home of his stepfather yet he could be buried at the land where he was set to build his country home in Fort Portal.
The applicant (wife) told court that the deceased’s stepfather hated him so much he had even threatened to kill him before.
The judge also maintained that she sees no obligation for the deceased to be buried on his Tororo land.
“I am inclined to find that the deceased has not patriarchal cultural ties with the Japadhola tribe,” she said.
According to Justice Lydia Mugambe, having been given a piece of land measuring one acre in Fort Portal for offering legal services to his wife’s family, Kasango’s immediate family including his wife and children only knew the land as their home, it is prudent that his remains are laid to rest there.
The judge explained that the deceased’s children have never visited the alleged ancestral home in Tororo and that it is only satisfying that the remains are laid to rest where he was set to build his country home in Fort Portal.
“The deceased’s children only have their mother to look up to. They have not bonded with their Tororo relatives. They are comfortable and at peace with burial at the land in Fort Portal which they regard as their country home. It is in the best interest of the children that their father is buried in the earliest time possible,” Justice Mugambe said.
The judge also castigated the side of Kasango’s mother that he said had agreed to have the burial done in Fort Portal and sent in a shs24 million budget to the deceased’s wife to cater for their transport needs but the same was trimmed to only shs3 million.
Lady Justice Mugambe said it was embarrassing that later, the family members showed up to grab the deceased’s casket from church and causing a fracas.
“This development of events only points to a possible sinister motive in the respondent’s cultural claims. Based on all the above, I am satisfied and hereby direct that the deceased shall be buried at his land in Gweri Village, Fort Portal City in Kabarole district.”
By Baron Kironde
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