High Court orders that late Supreme Court Justice Arach- Amoko be buried in Nebbi according to her wishes and those of her biological children

The High Court in Kampala has ruled that the late Justice Stella Arach-Amoko be buried at her ancestral home in Nebbi district -according to her death bed wishes ,those of her children and other family members and not her husband’s Ambassador Idule Amoko’s home district of Adjumani .

Justice Ketrah Kitariisibwa Katunguka gave the following orders , that the late Hon. Justice Mary Stella Arach-Amoko shall be buried at Jukiya Hill Ward,
Juba Village Nebbi District.

That the 2nd Respondent ( Attorney general ) in consultation with the applicants (children and siblings of late Arch Amoko )and the 1st respondent (her husband Ambassador Idule Amoko) are directed to immediately commence the burial arrangements of the late Hon. Justice
Mary Stella Arach-Amoko who shall be buried at Jukiya Hill Ward, Juba Village Nebbi Distric.

Court further directed that the 1st respondent (husband) 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 disturbance; and that 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.

In her ruling, Justice Ketrah Katunguka stated that Arach’s wish to be buried at her ancestral home should be respected.

This after the lady Justice Arach Amoko’s children led by Annette Yossa filed an application in court challenging a change of mind by their stepfather, Ambassador Idule Amoko to bury the deceased in Adjumani contrary to a decision that was made in a family meeting that the late would be buried in Nebi.

Justice Katunguka ruled that it was Justice Arach’s wish to be buried at Jukiya in Nebbi district and that it was made known to her husband and children in a meeting held on June 18, 2023,

“The said wishes are encapsulated in her position as a princess in her tribe, no justification has been made for not honouring the deceased’s wishes,” Justice Ketrah said, adding that Justice Stella Arach Amoko is attached to her culture even in death and that she is entitled to be buried according to the culture and customs of the Jonam people in the Ragem chiefdom in Nebbi district.

Court further noted tat Ambassador Idule was previously married twice where he had five children before he married the deceased Hon. Justice Arach but none of the deceased two former wives is buried on his burial grounds in Adjumani and therefore, he wants to selectively observe the custom against the late Justice Stella Arach -yet she expressed her wishes on where she wanted to be buried.

“I therefore, find that the wishes of the deceased are ascertainable; and were communicated to the family including the 1st respondent. I would answer the questions ‘Did the deceased express her wish as to where she should be buried? and is that wish that led to the consensus?; in the affirmative

judge ruled that Amb. Idule Amoko knew the wishes of the deceased and let her children and siblings prepare for her burial in Nebbi based on consensus only to change his mind. “He can not be allowed to benefit from the confusion and disorganisation he caused; he is estopped from denying that he was part of the family meeting that agreed on Nebbi as a burial place.”

It is not yet known whether her husband and his relatives will accept the court’s decision or they are going to appeal in the appellate courts.

Editor: msserwanga@gmail.com

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