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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.
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DNA alone cannot proof, it only provide results with 99.99% confidence. In a country like Kenya with over 15M adults men, that 0.01% would indicate 1 out of 1500. The other 1499 have to be addressed with other evidence like birth certificates, school records, and other old government records where he had to provide name of his father. DNA alone, no, not with adult male population over 10M.
@imkgoogo, wow, you are way ahead of yourself. Has any other man come up to claim that he is the father?There is no way any other man in Kenya,or for that matter in the whole world would have Kibaki's DNA ,in the remaining .o1 % Yes DNA,alone can prove that Kibaki is the father.Any manipulation is not acceptable.
Relatives and siblings are known to have DNA matching to that accuracy. And you know some siblings don't even know they are siblings; and others known to be siblings are not siblings.
True relatives would have matching DNA,but to varying degrees not 99.99 or each other unless they are father and son,or daughter with same mother..You have 25% of DNA from your grand pa and grand ma ..etc.And you share 12.6& of DNA with your first cousin.
To my knowledge, there has never been a parternity denial when the results come back 99.99% that Joe six pac is the father.
I am not sure that exhuming the body is necessary.My understanding and that of many is that, experts can determine a child's father by analyzing the DNA of the man's relatives.
The problem with these kind of cases is that they are driven by emotions rather than logic.
Unfortunately even Christians will forget what the bible say and bitterly fight for a bigger share instead of passively sharing as JC would.
Wills can be contested because they may have been written under duress or in sickness/ mental incapacity DNA remains the only tried and true evidence of proving paternity.If he really is a relative it will show up in DNA
Huyu ni mtoto wa Kibaki bill Shaka! Hawa watoto wengine wacheni upuzi! Stop pussying aka fackin around!!!
Ngai. The nose!
Whether DNA shows he's biological son or not what matters is most is the will. If he's included on the will then he deserves fair share.
What people forget forget is inheritance is out of good will not necessarily blood relation.