The body of the late President Mwai Kibaki risks being exhumed after a man, Jacob Ocholla claiming to be his son wants the court to have Kibaki’s body exhumed for DNA testing.
Ocholla wants the body to be exhumed, as this is the only way that will assert whether the late president is his father or not.
Jacob asserts that there are no living male siblings who can provide the necessary DNA to confirm his claim of being Kibaki’s son. He maintains that he is Kibaki’s eldest child.
However, Kibaki’s children have dismissed Ochola’s request saying such an act will infringe on their privacy.
Ocholla wants former President’s body exhumed
Judy, who filed the affidavit on behalf of her siblings, argued that the request to exhume their father’s remains cannot be granted lightly.
She emphasized that Kibaki was buried with a state funeral, an event of both national and international significance, funded by taxpayers’ money.
Ocholla’s appeal follows unsuccessful attempts to settle the matter out of court with Kibaki’s children.
Also Read: Fresh Woes for Kibaki Family as Woman Claims to be Late President’s Daughter
He and another individual, also claiming to be Kibaki’s son, seek recognition in the will for Kibaki’s multimillion-dollar estate.
Although Ocholla and Kibaki’s four children, Jimmy Kibaki, David Kagai, Judy Wanjiku, and Anthony Githinji initially explored mediation, their discussions did not yield a resolution.
On Thursday, November 14, Justice Eric Ogola postponed the case to June 26, 2025.
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He instructed all parties to file their applications within 14 days and present their witnesses in court, while still encouraging an out-of-court settlement.
Jacob first filled the case in July 2022
“Given the possibility of more applications, let all intended applications be filed and served within 14 days. Applications challenging the validity of the will shall be heard orally,” Ogola said.
The case has been ongoing since July 15, 2022, when Ocholla first petitioned the court in Nyeri, seeking official recognition as Kibaki’s son and a share of the former Head of State’s estate.
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Jacob wanted Kibaki’s family to disclose if his name was included in a will he alleges was drafted by the former president before his death.
He also wanted the court to determine who would be chosen as the administrator of the former head of state’s estate.
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