Nakuru court declines Wanjiru burial injunction

By Beauttah Omanga

A Nakuru court has declined to grant a burial injunction against the burial of marathoner Samuel Wanjiru as sought by a man claiming to be his biological father, Elijah Chebon.

Justice Anyara Emukule ruled that he saw no grounds to stop the burial of Wanjiru to pave way for the paternity question to be sorted.

He said a DNA test could be conducted as requested by Chebon without delaying the burial over the same.

Chebon through his lawyer Kiplagat Kurgat had sought for a temporary injunction arguing that he wanted to be involved in his " son’s" burial.

His argument was that if proved to be the father, he should play a key role unlike now that there are doubts about Wanjiru’s biological father.

Chebon also told the court through an affidavit that he wanted a DNA conducted before the burial arguing that if interred, it would be become impossible top exhume it later to have the paternity test conducted.

He stated that plans were afoot for the burial without his involvement, actions he termed as malicious and made in bad faith since they were likely to deny him a chance to exercise his fatherly responsibility over the deceased son.

Justice Emuluke gave orders that Chebon be issued with some of the samples already extracted from the body for the purpose of carrying out the DNA test.

Chebon’s lawyer welcomed the orders as issued saying they were not intending to contest the rejection of the burial injunction application.

As the matter progressed in court the late marathoner’s mother Hannah Wanjiru arrived in the precincts of the court but remained in her car with unconfirmed reports saying she was about to file a fresh application seeking to stop the burial slated for this weekend.

Chebon through his lawyer had also argued that he had a right to be involved in the burial arrangements of his ‘son’ and give him his last respects since he was denied that chance when he was alive.

Chebon had sued Wanjiru’s mother and widow Trizah Njeri for allegedly denying him a chance to exercise his fatherly responsibility over his deceased son.

He said he knew Hannah in December 1985 till February 1986 while working in Nanyuki.

"I worked with the Kenya Army Engineers Battalion and within that period I had been posted in Nanyuki," he stated.

Chebon said he only came to know about his ‘son’ during the 2008 Olympic games after Wanjiru won the marathon.

Besides Chebon two other men have claimed to be Wanjiru’s father. They include Lukas Kameri and subsistence farmer Peter Kimani Kirihinya, 65, of Kiambaa village in Githunguri, Kiambu County.