The High Court set June 6 as the hearing date for the case involving exhuming the remains of former President Mwai Kibaki. The case arises from a claim by Jacob Ochola and a woman identified as JNL, who assert their status as Kibaki’s children, seeking a share of his considerable estate. Despite prior attempts to resolve the matter out of court, negotiations collapsed, prompting the court to proceed with the case.
Mwai Kibaki, who served as the third Kenyan President died aged 90 in April 2022. He identified Judy Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Githinji as the inheritors of his multi-billion estate.
But Jacob Ochola and JNL moved to court, alleging a stake in Mwai Kibaki’s wealth on the grounds that they were sired by the former President. To substantiate their claim, they are pushing for DNA tests, proposing two options: conducting tests on themselves and Kibaki’s acknowledged children or, alternatively, exhuming Kibaki’s remains for a DNA paternity test.
Last October, parties involved sought an out-of-court resolution, but efforts to reach an out-of-court settlement proved futile. On February 29, Justice Ogola scheduled a hearing date for June 6th and denied the Kibaki family’s lawyers request for more time to submit affidavits. The Judge ruled, “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.”
The Claimants
Jacob Ochola, who is claiming to be the eldest son of Mwai Kibaki argues that DNA testing is crucial to confirm his biological relationship with the late President. To support his claim, the 63-year-old submitted a report from pathologist Dr. Zakayo Limili, suggesting physical similarities between him and Kibaki. The report highlights similarities in their noses, foreheads, eyelids, and lips.
On the other hand, JNL asserted she is the first born daughter of Mwai Kibaki, born just 16 days before the former President married Lucy Kibaki. JNL stated in an affidavit, “My mother and the late Kibaki met while students in the UK in the late 1950s. Kibaki visited me and my mother when I was born in December 1961, just 16 days before marrying the late Mama Lucy Kibaki.”
Mwai Kibaki’s Children Oppose
However, the four acknowledged children of Mwai Kibaki are strongly opposing the exhumation, citing privacy concerns and underscoring the significance of their father’s state funeral. They argue that any disturbance to Mwai Kibaki’s resting place would be a violation, especially considering the public nature of his burial and the use of public funds for the ceremony.
By Vivian K.