Jacob Ocholla Mwai wants Kibaki’s body exhumed over the wealth dispute
Jacob Ocholla Mwai and Ms. JNL want Kibaki’s body exhumed over the wealth dispute as the first family opposes the DNA test.
Jacob Ocholla Mwai and Ms. JNL are requesting recognition as family members in a wealth distribution lawsuit involving the family of former president Mwai Kibaki.
To force Kibaki’s family to include them on the list of beneficiaries of the former president’s estates, Ocholla and JNL had filed a lawsuit.
In order to prove their claims that Kibaki is their father and that they should therefore receive a portion of his enormous wealth, the petitioners sought the court to require the former president’s children to submit to a DNA test.
In their response to a legal lawsuit brought by Ocholla and JNL on Monday, November 14, Kibaki’s children rejected any effort to compel them to undergo a DNA test.
The two requested that a DNA test be performed on them, along with Kibaki’s four children, Judy, James Mark Kibaki, David Kagai Kibaki, and Anthony Andrew Githinji Kibaki, to determine whether they are related by blood.
As an alternative, Ocholla and JNL have requested that the court order the exhumation of Kibaki’s body in order to extract and gather samples for a DNA paternity test.
The only method for a paternity test, according to Ocholla’s lawyer Morara Omoke, is exhumation because “there are no known DNA samples of Kibaki that have been saved in a data bank or any other institution.”
A DNA test plan to determine whether Kibaki’s four children are related to the two was challenged by Judith Wanjiku.
Ocholla and a woman with the codename JNL have asked the court to deny the request made by Kibaki’s children, who have declared that a DNA test would breach their right to privacy.
A court-ordered mediation between the parties broke down, bringing Ocholla and JNL back into the courtroom, which led to the dispute escalating.
Ocholla and Ms. JNL first moved to court immediately after the death and burial of former President Mwai Kibaki in April 2022 to claim a stake of his wealth.
The two wanted the court to recognize them as the children of the former president, and beneficiaries of Kibaki’s multi-billion estates.
Kibaki’s Lawyer revealed that the former president had shared his undeclared wealth equally among his four children — Judy, Jimmy, David, and Anthony.
However, Kibaki who died on April 21 aged 90, only shared his wealth within his bloodline and locked out his children-in-law from his multi-billion shillings wealth.
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