The High Court of Uganda in Kampala has settled a long-running family dispute over the burial of a couple whose bodies have remained in a funeral home for more than nine months.
In a ruling delivered on Monday, Justice Celia Nagawa gave Mark Mutaaga Kabenge—a Swiss national and the couple’s biological son—the final authority to decide how and where his parents will be laid to rest. The court also directed the Attorney General and police to ensure the bodies are released within 48 hours.
Kabenge plans to cremate the remains and return them to Switzerland.
The case stems from the deaths of David Mutaaga and Deborah Mutaaga, who were found dead on July 6, 2025 at their home in Lugonjo, Nakiwogo in Wakiso District. Their deaths, described by the court as violent and unexplained, are still under active police investigation.
After initial postmortems at a city mortuary, the bodies were transferred to a funeral home in Mengo, where they have remained as disagreements over burial arrangements dragged on.
At the heart of the dispute was a clash between the couple’s children and extended family members. Kabenge and his sister wanted the bodies cremated and taken abroad, while some relatives in Uganda insisted that David Mutaaga, a Muganda with strong cultural ties, should be buried at his ancestral home in Buddo in line with Kiganda customs.
Kabenge turned to court, seeking orders to take custody of the bodies and block a clan leader from overseeing the burial.
In her judgment, Justice Nagawa made it clear that while cultural practices are recognised under Ugandan law, the closest family members—especially children—take priority in deciding burial matters.
“The deceased were parents first before any cultural roles,” she ruled, emphasizing that there was no clear evidence that either of the deceased had left instructions to be buried in Uganda.
She also dismissed claims that a personal note left by David Mutaaga amounted to burial instructions, saying it only reflected his cultural interests, not his final wishes.
On the ongoing murder investigation, the court found no justification for continuing to hold the bodies. It noted that all necessary postmortems had already been completed and that investigators had not shown why the remains were still needed.
The judge described the nine-month delay as excessive and distressing for the family.
The court further noted that Kabenge had secured clearance from the Swiss Embassy to proceed with cremation and repatriation, strengthening his case.
In the final orders, Kabenge—acting together with his sister—was granted full authority over the burial arrangements. The court also barred any other party from handling the bodies without his written consent.
Even so, Justice Nagawa urged the family to find common ground, stressing that while the children have the right to decide on burial, all relatives still have the right to mourn their loved ones.
