Former President Kibaki's Estate Faces DNA Paternity Test Dispute

The High Court is set to hear arguments on June 6 regarding a request to exhume the remains of former President Mwai Kibaki for DNA analysis.

This request stems from a legal case claiming a share of Kibaki's estate, with two individuals asserting their status as his children. Jacob Ocholla, 62, and a woman identified as JNL have filed suit, claiming to be the children of the late president and seeking a portion of his wealth. They aim to establish their biological relationship to Kibaki through court-ordered DNA tests, hoping to be recognized as beneficiaries of his estate.

Ocholla and JNL specifically request a sibling or paternity DNA test, first seeking to determine if they are related to Kibaki's four known children: Judy, James Mark, David Kagai, and Anthony Andrew Githinji. The case dates back to October 2023 with initial attempts to resolve it outside of court proving unsuccessful. Ocholla's lawyer recently informed the court that negotiations had failed and requested a hearing after the period granted for an out-of-court settlement elapsed.

The Kibaki family, however, requested additional time to submit evidence and potentially delay the case. The presiding judge Justice Eric Ogola expresses concerns about delaying tactics and set a firm hearing date of June 6, emphasizing that all parties must file their applications and affidavits regarding DNA testing by then. Ocholla, claiming to be Kibaki's firstborn son, argues that exhumation is necessary for DNA testing as no other male siblings are available for comparison. He further submits a report from a pathologist suggesting physical similarities between him and Kibaki, potentially indicating a familial connection.

Kibaki's named beneficiaries, his four recognized children, strongly oppose the exhumation, citing the potential violation of their privacy and the national and international significance of their father's state funeral. They also highlight the use of public funds for the funeral, further complicating the case. The upcoming hearing on June 6 will determine whether the court will grant the exhumation request and proceed with DNA testing, potentially impacting the distribution of the late president's estate.

In a will dated December 2016, Kibaki outlines the distribution of his estate among his children and emphasizes his focus on securing their long-term well-being. The will divides Mr. Kibaki's wealth equally amongst his four named beneficiaries: Judy Wanjiku, Jimmy Kibaki, Tony Githinji, and David Kagi. Notably, the document explicitly excludes the spouses of his children from inheriting any portion of the estate. While the will does not disclose the total value of Mr Kibaki's assets, it meticulously outlines the succession plan for future generations.