Legal Battle Brews: Bid to Exhume Kibaki Hits Court as Family Talks Fail
The High Court has scheduled June 6 as the date for the hearing of a request to exhume the remains of former President Mwai Kibaki. This application is made in the context of a legal case where an individual is asserting a stake in the substantial estate of a former politician, valued in the multibillions, through DNA analysis.
The decision comes in the aftermath of unsuccessful negotiations aimed at settling the issue through an out-of-court resolution.
Jacob Ochola and an individual known as JNL have taken legal action, asserting their right to a share of Kibaki’s assets by alleging that they are the offspring of the ex-president. They are now requesting the court to mandate DNA tests as evidence of their parentage to the former head of state.
They desire acknowledgment as his offspring and to be named as heirs to his estate.
Ocholla and JNL are requesting the court to mandate a DNA test to determine sibling or paternity.
In the initial prayer, they request the court to order a DNA test for both them and Kibaki’s four children, aiming to determine if the children are indeed the offspring of the deceased President.
The children are Judy, James Mark Kibaki, David Kagai Kibaki and Anthony Andrew Githinji Kibaki.
In the second prayer, they are requesting the court to mandate the exhumation of Kibaki’s remains to extract samples for conducting a DNA paternity test.
October of the previous year, the involved parties requested Justice Eric Ogola for a grace period to address the matter outside the courtroom.
In December, it seemed that no headway had been achieved in the discussions, prompting the parties to once again request additional time from the court to pursue a resolution outside of legal proceedings.
Ogola instructed them to update the court on any developments by February 29.
During Thursday’s court proceedings, Morara Omoke, the attorney representing Ocholla, informed the court that the negotiations had fallen through. He requested the court to schedule a hearing to address the issue of DNA testing.
Nevertheless, legal representatives on behalf of the Kibaki family requested additional time to submit additional affidavits regarding the matter before it can be brought to court.
However, the judge believed that the attorneys were using tactics to cause delays and ordered that the case proceed on June 6 without the possibility of postponement.
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“I have given you the blanket opportunity to file anything on earth. There will be no further adjournment on the hearing on the DNA applications,” Ogola said.
“All applications concerning DNA shall be filed and responded to, and parties are at liberty to file responses or supplementary affidavits. Hearing on June 6 with no option for adjournment.”
Attorney Daniel Musyoka, representing the Kibaki family, requested additional time to submit expert reports related to the case. However, the court insisted that all necessary preparations must be completed by June 6, the scheduled date for the hearing.
“This matter will be heard whether the issues are responded to or not. There will be no further adjournment,” Justice Ogola said during the virtual session on Thursday.
In this case, Ocholla asserts that he is Kibaki’s eldest son. Alongside JNL, they are requesting the exhumation of Kibaki’s body to facilitate DNA testing, contending that this is the sole method to verify his biological paternity.
Ocholla asserts that there are no available male siblings to help obtain the correct DNA for confirming his relationship as Kibaki’s son.
To support his case, the 63-year-old individual has included in his sworn statements a document authored by human pathologist Dr. Zakayo Limili. According to the report, the physical characteristics of Ocholla and Kibaki indicate a familial connection.
The pathologist mentioned that Kibaki and Ocholla share similarities in their noses, foreheads, eyelids, and lips.
Kibaki had listed his four children Judy Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Githinji as heirs to his estate.
The kids have been against efforts to dig up Kibaki’s remains, arguing that conducting DNA tests on the body would infringe upon their privacy.
Judy, who signed the sworn statement for her siblings, emphasized that granting an order to unearth Kibaki’s remains should not be done without careful consideration, given that he received a state funeral before his burial.
She mentioned that the burial was a significant event on both national and international levels, funded by public resources.
Legal Battle Brews: Bid to Exhume Kibaki Hits Court as Family Talks Fail
