The Family Division of the High Court in Kampala has ordered that the late Hon. Justice Mary Stella Arach-Amoko be buried in Nebbi District.
The court on Tuesday presided over by Justice Keturah Katunguka also ordered that the government in consultation with the children of Justice Arach and her husband Ambassador James Amoko immediately commence the burial arrangements of the deceased.
“The 1st respondent/Amoko and his family members shall freely attend the funeral of the late Hon. Justice Mary Stella Arach-Amoko who shall be buried at Jukiya Hill Ward, Juba. Village Nebbi District; without any disturbance”, ordered Katunguka.
The ruling stems from the application, in which the children and the deceased’s siblings sought an order restraining the Government and Ambassador Idule Amoko from receiving, transporting, and burying, Stella Arach Amoko in Adjumani District.
The burial had been scheduled to take place on Friday 23rd June. But it didn’t go on as planned after the Judiciary Chief Registrar, Sarah Langa Siu issued a statement indicating that the date had been postponed until further notice.
Whereas Ambassador Amoko asked the Court to give him letters of administration, while the children and siblings of the deceased asked the court not to allow Justice Arach to be buried in Adjumani because Amoko’s former wives were never buried there, the Judge said that she did not consider any of these two issues because it is not in the interest of harmonious sending off of Justice Arach.
Instead, the Judge proceeded to grant the application for cultural reasons.
In her ruling, the Judge reasoned that in all cases where there is a dispute as to the burial place of the deceased, consideration should be given to cultural, spiritual, and religious factors, where such factors are present. She said as such, Amoko has so far, not successfully refuted the customary royal position of the deceased amongst the Ragem chiefdom or that as a princess she is culturally qualified to be buried.
She also agreed with the lawyers for the applicants that just because Arach is a woman she should not be denied the right to practice her culture for that is discriminatory.
“The customary and cultural beliefs of Kaal Ragem chiefdom to which the deceased belongs are not written down; the prime minister of Ker Kwaro Kaal Jonam has deposed an affidavit as an expert showing that the deceased was a princess with a title of “Nyakwar Rwot Daca Mary Stella Arach”; that there were passage rites that are meant to be performed at the burial of the deceased which customs can only be conducted at the ancestral burial grounds located at Jukiya Hill Ward in Nebbi district an extension land of the royal grounds at Kaal Ragen in Pakwach district”, said the Judge.
According to the Judge, Amoko did not present an expert witness to swear an affidavit on the notoriousness or existence of the cultural belief to the effect that amongst the Madi culture, a wife must be buried in proximity to her husband at the husband’s ancestral burial grounds.
“Women and men have equal rights to practice their culture; women just like men cannot be assimilated in someone else’s culture unless they expressly consent; the deceased opted to continue to practice her culture as a Princess among the Jonam if the culture is repugnant the 1st respondent/Abodo did not prove the repugnance; simply because the Jonam culture takes the deceased to be buried at her home has not been proved to be repugnant”, said the Judge.
Amoko died on June 17th, 2023 at Nakasero Hospital. She had served the judiciary and government as a whole for a combined total of 44 years.
Addressing journalists in Kampala, Arach’s children through their lawyer have welcomed the decision saying more arrangements will be communicated. ” We are glad the court has respected the deathbed wishes of the late Hon. Justice Mary Stella Arach. I have communicated the findings of the court to the immediate family. Other burial preparations will be communicated”, said Okecho
