Kevin Kimwatu, the husband of late KCB data protection executive Rosemary Koech, has withdrawn a court petition that sought to stop her burial, saying the matter had been overtaken by events.

Kimwatu told the court that he would not pursue contempt proceedings or seek the exhumation of his late wife, bringing an end to the legal challenge surrounding her burial.

He said he had decided to “leave the matter to God” and focus on the welfare of their children following the public dispute.

“What matters now is my children. I will not let this become a longer public spectacle at their expense,” Kimwatu said.

The petition had been filed in an attempt to stop Koech’s burial, but the funeral proceeded before the dispute could be conclusively determined, effectively rendering the application overtaken by events.

Kimwatu subsequently informed the court that he did not intend to pursue further legal action seeking to reverse the burial.

Instead, he requested that he and the children be allowed access to Koech’s gravesite to pay their respects.

The family agreed to the request, paving the way for Kimwatu and the children to visit the burial site.

The development appears to end the court battle that had emerged following Koech’s death and the disagreement surrounding her burial arrangements.

Kimwatu’s decision not to pursue exhumation also removes the possibility of a fresh legal confrontation over the remains of the late KCB Bank executive.

His remarks in court placed particular emphasis on shielding the children from a prolonged dispute, saying their interests were now his main concern.

The withdrawal means there will be no further hearing on the application seeking to stop the burial, while the agreement over access to the gravesite offers a path for the family to move forward without further litigation.

Koech served as a senior data protection executive at KCB Bank before her death.

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