KAMPALA, Uganda — The High Court of Uganda has brought an end to a months-long family dispute over the burial of a couple whose remains have been kept in a funeral home for over nine months.
In a ruling delivered on Monday, Celia Nagawa granted Mark Mutaaga Kabenge—the couple’s biological son and a Swiss national—the sole authority to determine how and where his parents will be laid to rest. The court also instructed the Attorney General of Uganda and the police to facilitate the release of the bodies within 48 hours.
Kabenge has indicated plans to cremate the remains and transport them to Switzerland.
The dispute arose following the deaths of David Mutaaga and Deborah Mutaaga, who were discovered dead on July 6, 2025, at their residence in Lugonjo, Nakiwogo, in Wakiso District. The court described the deaths as violent and unexplained, noting that investigations by police are still ongoing.
After postmortem examinations were conducted at a city mortuary, the bodies were transferred to a funeral facility in Mengo, where they remained as family members disagreed over burial arrangements.
At the center of the disagreement was a divide between the couple’s children and extended relatives. Kabenge, together with his sister, preferred cremation and repatriation abroad, while some relatives argued for a traditional burial in Buddo, citing cultural expectations tied to the deceased’s heritage.
Kabenge sought court intervention to secure custody of the bodies and prevent clan involvement in the burial process.
In her judgment, Justice Nagawa emphasized that while cultural customs are acknowledged, immediate family—particularly children—have the primary right to decide on burial arrangements. She noted there was no clear evidence that the deceased had expressed specific wishes to be buried in Uganda.
The judge also rejected claims that a personal note left by David Mutaaga constituted formal burial instructions, stating it reflected cultural interests rather than explicit final directives.
Regarding the ongoing investigation, the court found no sufficient reason to continue holding the bodies, pointing out that all necessary postmortem procedures had already been completed. The prolonged delay was described as excessive and emotionally taxing for the family.
The court further observed that Kabenge had obtained clearance from the Swiss Embassy to proceed with cremation and repatriation, reinforcing his position.
In its final orders, the court granted Kabenge—working alongside his sister—full control over the burial process and prohibited any other parties from handling the remains without his written consent.
However, Justice Nagawa encouraged the family to remain united in mourning, noting that while the children hold decision-making authority, all relatives retain the right to grieve their loved ones.