Man asks court to set aside DNA test order in Sh200m succession case

Norah Atieno (right) with her lawyer Steve Biko during the hearing of a succession case for properties of former director Evans Sunrise Hospital Washington Olweny at Nakuru Law court on March 22, 2021.[Kipsang Joseph, Standard]

One of the alleged sons of the late Nakuru businessman Washington Olweny wants the court to set aside an order to have him and a woman claiming to be his mother undergo a DNA test.

Justice Teresia Matheka had on August 16, last year, directed that John Odhiambo and Norah Atieno take the test to determine if they are related.

Ms Atieno claims to be a widow of the businessman.

In an application dated May 18 and admitted in court on Monday, Mr Odhiambo claims that since the order was issued, he has been receiving threats from anonymous individuals.

“Despite being an adult of sound mind, I was never served with the order nor was I served with the application that gave the rise to the order,” he says.

“I was denied the chance to defend myself in the application, making the orders issued prejudicial to me.”

The businessman’s son says his constitutional rights were infringed by the manner in which the orders were issued.

He claims he has been exposed to public ridicule, embarrassment, discrimination, mental and psychological trauma, and anguish.

“Subjecting me to a DNA test against my will, wish and consent was unjustified, unfair and an injustice to me,” he says.

Mr Odhiambo says his late father treated him as one of his sons.

He says he was accorded equal rights as other siblings, and ordering a DNA test would be discriminatory.

“Other dependents should also be subjected to the DNA tests with the parents because pointing a finger at me alone would be harmful,” he argues.

He claims that his stepmother, Phelisia Akoth, the petitioner, has not demonstrated sufficient grounds or given enough evidence to warrant the issuance of the DNA test order.

According to the court documents, Mr Odhiambo has also suffered financially as he has had to undergo counselling.

He accuses the media of exposing him by taking his pictures when he first presented himself at the Government Chemist’s for the DNA test, forcing him to walk away without giving his samples.

Mr Odhiambo wants the court to list him as one of the beneficiaries of Olweny’s estate without being subjected to the test.

Ms Atieno, Ms Akoth and Anne Wanjiru are fighting for the control of the late surveyor’s property estimated to be worth Sh200 million

Olweny died intestate on November 28, 2016.

Ms Akoth and her sons Edwin Otieno and Timothy Ochieng’ moved to court in 2017 to lock out Ms Atieno and Ms Wanjiru from late Olweny’s property.

The case will be mentioned on June 9.