The two told the court that a DNA paternity test such as the one required will call for the exhumation of Kibaki’s remains.
Kibaki died at the age of 90 in April, and his body was interred at his home in Othaya constituency.
“Such a move may be necessary as some of his children namely Judy Wanjiku, Jimmy Kibaki, David Kagai and Antony Githenji have labelled our client a stranger,” Omoke said.
The lawyers argued that it was only fair that all the beneficiaries of the vast Kibaki estate be subjected to a DNA paternity test.
Justice Odero referred the succession matter, which has since been filed at Milimani for mediation. She directed Ochola, Wanjiku Jimmy, Kagai and Githinji to mediate the dispute relating to DNA paternity testing.
The judge also ordered full disclosure of all documents to parties, particularly the Will and the list of all assets belonging to Kibaki. She further recused herself from hearing the matter on account of being acquainted with one of the beneficiaries of the estate. “I further direct the matter to be mentioned on October 18 before the Principal Judge of the High Court Justice Eric Ogola for relocations to another judge for directions,” Odero said. The succession proceedings were triggered by a citation filed by Ochola at the High Court in Nyeri and which has since been closed. Justice Florence Muchemi ordered the file closed terming the application by Jacob Ocholla Mwai as having been overtaken by events.
Muchemi noted that since Kibaki’s family had filed a succession cause at the Milimani Law Courts in Nairobi for the grant of letters of administration, the matter in Nyeri should come to an end.
“Now that the succession cause has been filed in another court, it is my considered view that this citation has been overtaken by events,” Muchemi said.
In his suit which was before the court in Nyeri, Ocholla claims Kibaki acknowledged he was his biological father.
The 62-years old man wanted the court to compel the Kibaki’s family to recognise him as the first-born son and give him an equal share of his vast wealth.