DNA test ordered to identify heirs in late Prof George Eshiwani's estate row

The late Prof George Sammy Eshiwani. [Courtesy] The battle over the estate of the late Prof George Sammy Eshiwani, former Vice-Chancellor of Kenyatta University, has taken a new turn after the High Court ordered a DNA test to determine the rightful beneficiaries. In a ruling delivered last week, High Court Judge Stephen Mbungi directed that the DNA testing be conducted strictly in line with the consent order recorded on July 31, 2023, and the review order of November 27, 2024. This ruling follows an earlier order issued on December 3, 2024, which required that the DNA tests be conducted within 45 days. The directive arose from an application by Thomas Waswa Eshiwani and Lorna Nyakowa Eshiwani, the administrators of the late professor's estate. The two told the court that by mutual consent recorded in 2023, all parties had agreed to DNA testing to resolve the question of succession. According to the consent, the DNA test is to be carried out between Waswa and the individuals Lorna Eshiwani, Clarence Eshiwani, Sammy Eshiwani, and Sammy Aloyo to establish whether the latter are legitimate beneficiaries of the estate. The applicants argued that without the DNA results, the identification of rightful heirs remained unresolved, stalling the administration and distribution of the estate. Waswa and Nyakowa also told the court that they could not access the deceased's bank accounts to confirm whether there were sufficient funds to cover the cost of the DNA test, estimated at Sh100,000. They further accused their co-administrator, Doris Debora Mbalanya, of refusing to cooperate in facilitating the process. They pleaded financial incapacity, stating that they could not personally raise the amount required to conduct the tests. In his ruling, Justice Mbungi found that the applicants had demonstrated genuine financial hardship and had made reasonable efforts to comply with previous court orders. "It is evident that failure to conduct the DNA testing continues to stall the finalisation of the succession process. To deny them access to estate funds for this purpose would be unjust and contrary to the objectives of the Law of Succession Act, which emphasises fair and efficient administration of estates," the judge ruled. The court held that using Sh100,000 from the estate to finance the DNA test constitutes a lawful administrative expense, provided that it is properly accounted for. Accordingly, the court directed Equity Bank, Luanda Branch, to provide the applicants, through their advocates, with the bank statements of all accounts held in the name of the late Prof. Eshiwani within 14 days. Further, the administrators were authorised to withdraw up to Sh100,000 from any of the accounts to facilitate the DNA testing. The funds are to be deposited into the account of the administrators' advocates, who must ensure that the money is used exclusively for the DNA process and submit a statement of account within 30 days of expenditure. Justice Mbungi also ordered the administrators to take prompt steps to complete the succession process without further delay. The matter will be mentioned on April 30, 2026, to confirm compliance and for further directions.

DNA test ordered to identify heirs in late Prof George Eshiwani's estate row

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DNA test ordered to identify heirs in late Prof George Eshiwani's estate row

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