 The court found that there was no such common law and that, had she been appointed administrator of her husband’s estate, she would have had the statutory right to bury him.As she had not been so appointed as there was no will, customary law would apply and he would be buried by his brother the late Joash Ochieng Ougo at his family home.Wambui alleged that the real issue behind the court battle was Otieno’s considerable estate, which his brother hoped to claim as his next of kin in Luo terms, and she argued that his clan had a history of seeking money relating to deceased members.