Kasango to be buried in Fort Portal, court orders

It was also court's finding that Kasango's father was a Musoga by tribe; a one Richard Livingstone Kasimo who migrated to Bulemezi in Buganda where he was buried and not a Japadhola, the late Bonventure Okumu as earlier claimed.

It is against this background that the judge questioned the motive of Kasango's mother to bury the remains of her son in Tororo which is not his patriarchal burial grounds.

"If the deceased's mother is believed, in the patriarchal context of culture, then the deceased (Kasango), should be buried in Busoga or Bulemezi where his patriarchal ancestors originated or migrated to and were buried," the judge observed.

This follows a petition by the late lawyer’s wife Nice Kasango Bitarabeho and children, who sought powers to have Kasango buried in Gweri Village, Fort Portal City contrary to Kasango’s mother’s wishes to have him laid to rest at his ancestral home in Tororo District.

During the hearing on Tuesday, Ms Bitarabeho told court that the couple acquired land in Fort Portal and it was her husband’s wish to be buried there upon his death.

She also said Kasango had denounced his Tororo family on allegations that they had planned to kill him while he was still young.

She said every time she would ask Kasango about his father, he would break down and cry, saying since his mother had several husbands, he was not sure who his father was.

However, Ms Rosie Kabise, Kasango’s mother, said he was born in Busoga to a Musoga but was raised by his step father Okello Bonneventure of Tororo.

She said her late son had sent her money to buy land in Tororo where he should be laid to rest.

The third witness, Mr Michael Esau Opiiri, who testified as a neutral person, told court that it is against the Japadhola culture and tradition for Kasango’s body to be buried at his in-law’s place in Fort Portal.

He said since Kasango’s grandfather was a Musoga but chose to be buried in Tororo, he should be buried that side at the ancestral tombs.

In her ruling on Friday, the judge said she was satisfied that Kasango did not have attachment to Tororo.

“In circumstances where the mother did not satisfactorily demonstrate she had a good relationship with the deceased, was never introduced to the applicant by her husband the deceased as his mother, was never invited to the deceased's matrimonial home by the deceased; the applicant only getting a sense that the respondent was the deceased's mother seven years into their marriage; the non-recognition or introduction of the respondent as the mother of the deceased at the deceased's home only at the invitation of the applicant during their marriage; it is difficult to fathom why the respondent comes up to fight for  the burial of the deceased in Tororo under Japadhola culture," she observed.

According to the judge, the respondent (Kasango’s mother) should have done a better job to impress the Japadhola culture on her son through the years of his life.

“It should also not be lost in translation that as an adult, the deceased, like his mother's father and his biological father and his lineage did, could safely migrate to another place, like Fort Portal and opt to be buried there. This is not an abomination nor repugnant to any laws in the land," the judged said.

She further observed that Kasango’s wife and children have never been to Tororo; were taught or told nothing about Tororo or Japadhola culture by the deceased; merely knew or interacted with the Tororo relatives of the deceased at his behest.

“On the other hand, they have severally visited Fort Portal as their village; spent time there with the deceased; are aware that the decaed disred that Fort Portal be their country home and burial place and there is no dispute regarding the ownership of the Fort Portal land by the deceased and his family and it's one-acre size is sufficient for burial grounds and a country home which were the deceased's plans for and with his family,” she added.

“Based on all the above, I am satisfied and hereby direct that the deceased shall be buried on his family land in Gweri Village, Burahya county, Fort Portal City in Kabarole District. The respondent and anyone claiming any rights through her are restrained from interfering with the said burial,” she said before adding that the burial shall be within four days from the date of this ruling.

She also said the respondent and her relatives shall be allowed to attend the burial if they so desire.

“The police and local authorities must ensure that the burial is conducted in an orderly manner,” the judge said.

To avoid further acrimony the judge ordered that each party bears its own legal costs.

Shortly after the court ruling, the Tororo relatives said they were dissatisfied with the judge's decision and vowed not to attend Kasango's burial in Fort Portal on grounds that it was against their wish.

They also vowed that Kasango's widow would take their son's remains to Tororo even if it took her 100 years or more, for what they claimed proper and descent burial.

Background
Kasango succumbed to heart complications on February 27 at Luzira prison, where he was serving a 16-year jail sentence.

After his funeral service on March 2, mourners from Tororo grabbed the coffin containing the body of Kasango, put it on a truck and fled towards Tororo but were later intercepted by police.