High court Family Division in Kampala has ordered that the late Stella Arach Amoko , the former justice of Supreme Court should be burried at Jukiya Hill Ward, Juba village ,Nebbi district as per her wish not in Adjumani as earlier communicated.
Mary Stella Arach-Amoko, Justice of the Supreme Court of Uganda, has died.
In the ruling which has been delivered on mail, the trial judge Ketrah Kitarisibwa Katunguka based on a number of grounds including the need to respect deceased’s wishes , culture, attachment with her relatives among others.
“I have also considered the fact that the deceased while alive and ill was being taken care of by her family according to the affidavit of Christine Onyok the 5 applicant; which evidence was not rebutted; while if it had been the 1 respondent against them without
the children, and the deceased’s wishes were not known: I would have decided
otherwise.”
The judge also pointed out the fact that
the deceased’s elderly mother would find it inconvenient to visit the deceased’s grave if she was to be
buried in Adjumani, adding that the combination of factors tilt the preference for the deceased to be buried in Nebbi according to her wishes.
“The late Justice Stella Arach Amoko is entitled to her culture even in death; and she is entitled to be buried according to the culture and customs of the Jonam people in the Ragem chiefdom in Nebbi District; Since the children of the late Justice Stella Arach Amoko have their home in Nebbi where together with her they used to call home it is prudent that she be buried near/at the said home.”
Court in its findings , it stated clearly that there was no enough evidence produced pinning the Government that it had a role in deciding the deceased’s burrial grounds apart from printing the programme, however court allowed the application against Ambassador Idule Amoko , the husband of the deceased (1st Respondent).
The trial judge issued orders that the late Hon. Justice Mary Stella Arach-Amoko shall be buried at Jukiya Hill Ward,Juba Village Nebbi District , The 2nd Respondent (Government) in consultation with the applicants and the 1st respondent is directed to immediately commence the burial arrangements of the late Hon. Justice Mary Stella Arach-Amoko
“The 1st respondent (Ambassador Idule 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 disturbances ,The burial of the late Hon. Justice Mary Stella Arach-Amoko shall not be further delayed by any party’s intended responses/reactions to this Ruling.”
The case against Government was dismissed as each side was ordered to cater for its costs.
The burrial of the Lady Justice Amoko was supposed to be held on Friday lat week but it was not possible as some family members petitioned court seeking to have the burrial grounds changed from Adjumani (suggested by the husband) to Nebbi (according to the deceased’s willingness)
Justice Amoko got married to Ambassador Idule Amoko in 1996 with whom they have been together since then. The two didn’t have children together although each partner had own children with other partners.
Amoko has served the country’s legal sector in various capacities , she started her service as pupil state Attorney, later on joined Judiciary where rose through ranks upto Supreme Court where she was serving by the time of her demise.
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