Justice Stella Arach to be Buried in Nebbi-Court Rules

By Our Reporter

27^th June 2023

The Family Division of the High Court in Kampala has ordered that the late Justice Mary Stella Arach-Amoko be buried in Nebbi District.

The court on Tuesday presided over by Justice Keturah Katunguka also ordered that the government in consultation with the children of Justice Arach and her husband Ambassador James Amoko immediately commence the burial arrangements of the deceased.

The ruling stems from the application, in which the children and the deceased’s siblings sought an order restraining the Government and Ambassador Idule Amoko from receiving, transporting, and burying, Stella Arach Amoko in Adjumani District.

The burial had been scheduled to take place on Friday 23rd June.

But it didn’t go on as planned after the Judiciary Chief Registrar Sarah Langa Siu issued a statement indicating that the date had been postponed until further notice.

Whereas Ambassador Amoko asked the Court to give him letters of administration, while the children and siblings of the deceased asked the court not to allow Justice Arach to be buried in Adjumani because Amoko’s former wives were never buried there, the Judge said that she did not consider any of these two issues because it is not in the interest of harmonious sending off of Justice Arach.

Instead, the Judge proceeded to grant the application for cultural reasons.

In her ruling, the Judge reasoned that in all cases where there is a dispute as to the burial place of the deceased consideration should be given to cultural, spiritual, and religious factors, where such factors are present.

She said as such, Amoko has so far, not successfully refuted the customary royal position of the deceased amongst the Ragem chiefdom or that as a Princess she is culturally qualified to be buried.

She also agreed with the lawyers for the applicants that just because Arach is a woman she should not be denied the right to practice her culture for that is discriminatory.

According to the Judge, Amoko did not present an expert witness to swear an affidavit on the notoriousness or existence of the cultural belief to the effect that amongst the Madi culture, a wife must be buried in proximity to her husband at the husband’s ancestral burial grounds.

Amoko died on June 17th, 2023 at Nakasero Hospital. She had served the judiciary and government as a whole for a combined total of 44 years.

Addressing journalists in Kampala, Arach’s children through their lawyer have welcomed the decision saying more arrangements will be communicated.