Man Claiming to be Kibaki’s Son Seeks DNA in Succession Lawsuit
Jacob Ocholla, who claims to be the first-born son of the late former president Mwai Kibaki, has said he is ready to undergo a DNA test to prove that the deceased was his biological father.
His lawyers Morara Omoke and Peacela Atim told Justice Maureen Odero of Milimani law courts that such a paternity test may require the exhumation of Kibaki’s remains.
“Such a move may be necessary as some of his children namely Judy Wanjiku, Jimmy Kibaki, David Kagai and Antony Githenji have labelled our client a stranger,” Omoke told the court.
The lawyers argued that it was only fair that all the beneficiaries of the estate left behind by Kibaki be subjected to a DNA test.
Justice Odero referred the succession matter for mediation. She directed Ochola, Wanjiku, Jimmy, Kagai and Githinji to mediate the dispute relating to DNA paternity testing.
The judge further ordered full disclosure of all documents to parties, particularly the Will and the list of all assets belonging to Kibaki, who died in April aged 90. She also recused herself from the matter on account of being acquainted with one of the beneficiaries of the estate.
“I further direct the matter to be mentioned on October 18 before the Principal Judge of the High Court Justice Eric Ogola for relocations to another judge for directions,” Odero said.
Last month, Nyeri High Court judge Florence Muchemi dismissed an application filed by Ocholla, stating that it had been overtaken by events since Kibaki’s children had accepted probate by filing a succession suit at the High Court’s Family Division in Nairobi. The judge directed that the matter be heard at the High Court in Nairobi.
In the application, Ocholla, 62, wanted the court to compel Kibaki’s children to reveal whether his name was included in a will he alleges was drafted by their father before his death. He also wanted the family compelled to recognize him as the firstborn son of Kibaki and give him an equal share of the former president’s wealth.