Kampala, Uganda: The High Court has ruled that Mark Mutaaga Kabenge, the biological son of the late David and Deborah Mutaaga, has the final authority over their burial, bringing to an end a prolonged family dispute that had delayed their interment for more than nine months.
In a ruling delivered on April 20, 2026, at the Family Division, Justice Celia Nagawa ordered the unconditional release of the couple’s remains to their son within 48 hours.
The court also declared that he, together with his sister Isabella Najjita Mutaaga, holds the paramount right to determine how and where their parents will be laid to rest.
The couple was found dead on July 6, 2025, at their home in Lugonjo, Nakiwogo in Entebbe, in a case being investigated by the Uganda Police Force as a suspected murder.
Since then, their bodies had been preserved at A-Plus Funeral Home in Mengo, Kampala, as disagreements emerged between the children and extended family members over burial arrangements.
While the children opted for cremation and repatriation of the remains to Switzerland, some relatives and clan leaders insisted on a traditional burial in Buddo, Wakiso District, in line with Kiganda customs.
In her ruling, Justice Nagawa emphasised the central role of biological children in burial decisions, describing their relationship with the deceased as the closest and most fundamental.
“The deceased were parents before they were anything else, and their children were the persons for whom they lived and worked for the entirety of their adult lives,” she ruled.
The judge noted that although cultural considerations are recognised, they cannot override the rights of the children.
“A cousin, however distinguished by his customary title, does not occupy the same position of closeness to the deceased as a biological child,” she stated.
On the ongoing murder investigation, the court ruled that continued retention of the bodies was unjustified.
Justice Nagawa observed that a postmortem had already been conducted and preserved, meaning there was no further need for the physical remains. “There is no evidence before this court that the police require further access to the bodies,” she ruled.
She added that keeping the remains unburied for over nine months was unreasonable and inconsistent with the dignity owed to the deceased.
The court directed the Attorney General to ensure immediate release of the bodies and processing of all necessary documentation within 48 hours.
A permanent injunction was also issued, barring any interference in burial arrangements without the consent of the son.
“The applicant has the paramount right to determine both the mode and place of disposal of the remains, including cremation and repatriation,” the judge ruled.
Despite the firm legal position, the court urged family members to reconcile and come together during the mourning process.
Justice Nagawa emphasised that while the right to decide burial rests with the children, the right to mourn belongs to all who loved the deceased.
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