The High Court in Kampala has ruled that the biological son of the late David Mutaaga and Deborah Mutaaga has the final authority over their burial, ending a prolonged family dispute that had delayed their interment for more than nine months.
In a ruling delivered by Celia Nagawa at the Family Division on Monday, 20, the court ordered the unconditional release of the couple’s remains to their son, Mark Mutaaga Kabenge, within 48 hours. The judge also declared that the son, 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 what police are investigating as a suspected murder. Their deaths sparked a criminal probe under the Uganda Police Force, but no arrests have been made to date, leaving the case unresolved months later.
Since their death, the bodies have been kept at A-Plus Funeral Home in Mengo, Kampala, as disagreements emerged within the family. While the children pushed for cremation and repatriation of the remains to Switzerland, some relatives and clan leaders insisted on a traditional burial at the ancestral home in Buddo, Wakiso District, in accordance with Kiganda customs.
In resolving the dispute, Justice Nagawa placed significant weight on the relationship between the deceased and their children, describing it as the closest and most fundamental bond. She observed that the couple had lived and raised their family in Switzerland for many years and that their children remained the most directly connected to them throughout their lives.
“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,” the judge ruled, underscoring the central role of the children in making burial decisions.
The court further noted that although extended family members, including a clan leader and the deceased’s sister, had raised cultural and customary arguments, their claims could not override the rights of the biological children. Justice Nagawa explained that while culture is recognised under the law, it must be balanced with the realities of personal relationships and proximity to the deceased.
“A cousin, however distinguished by his customary title, does not occupy the same position of closeness to the deceased as a biological child who shared a home and daily life with them,” she stated.
On the issue of the ongoing murder investigation, the court ruled that it was not sufficient to justify continued retention of the bodies. Justice Nagawa pointed out that a full postmortem examination had already been conducted and its findings preserved, meaning the evidentiary value of the remains had largely been exhausted.
“There is no evidence before this court that the police require further access to the physical bodies for any ongoing investigative purpose,” she ruled, adding that the law does not permit indefinite retention of human remains at the expense of dignity and family rights.
The judge emphasized that keeping the bodies unburied for such an extended period was unreasonable and contrary to the need for a dignified burial. She noted that nine months was already beyond what would ordinarily be required for investigative purposes, especially in the absence of any significant progress in the case.
In her final orders, Justice Nagawa directed the Attorney General to facilitate the immediate release of the bodies and ensure that all necessary documentation is processed within 48 hours to allow burial arrangements to proceed without further delay. She also issued a permanent injunction restraining any other parties, including clan representatives, from interfering with the burial process without the express 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,” she ruled, effectively clearing the way for the family to proceed according to the wishes of the children.
Despite the firm legal position, the court called for unity among family members during the mourning process. Justice Nagawa urged all parties to put aside their differences and come together to give the deceased a dignified send-off, noting that while the right to decide burial rests with the children, the right to mourn belongs to everyone who loved them.
