Why court declined Ntimama ‘son’ exhumation plea

George Kariuki Njoroge outside a courtroom in Nairobi. [David Njaaga, Standard]

The High Court has dismissed a case in which a man is seeking the exhumation of former minister William ole Ntimama’s body.

George Kariuki, alias George Kariuki Ntimama, wanted Ntimama’s body exhumed to ascertain whether the former minister was his father.

In a landmark decision, William Musyoka declined to grant Mr Kariuki his prayers, saying the DNA samples he sought could be extracted from Ntimama’s living children.

He said there was no need to disturb Ntimama in his “eternal sleep”.

Justice Musyoka observed that Kariuki failed to face the late politician when he was alive and seek his acknowledgement as his son.

The judge said Kariuki should have sought Ntimama’s DNA when he was alive.  

“The court notes that the petitioner had a long time, more than 30 years, within which he could have sought to be recognised as a son of the deceased and to have his name. He did not have to wait until after he died to make this move,” said Musyoka.

According to the judge, the man had jumped the gun as the same claims he was raising could have been raised during succession proceedings.

Musyoka said exhumation would be offensive to cultural and religious beliefs, adding that it might cause public outrage.

The late William ole Ntimama. [File, Standard]

According to the judge, it is only where the rights of an aggrieved person override those of the deceased that exhumation orders can be granted.

“The deceased had children who survived him. DNA testing can be carried out using samples provided by them without having to have the remains of the deceased disinterred.”

Kariuki went to court in 2016, claiming he was brought up by his late mother and did not know Ntimama until 1998, when his mother told him the former minister was his biological father.

“My mother kept the paternity issue secret until 1998 when, out of curiosity, I saw a striking resemblance between him and me. It is then that I approached my mother and she told me Mr Ntimama was my biological father,” said Kariuki.

He said his mother told him she had a relationship with Ntimama, who had promised to marry her, but they broke up before he was born in 1969.

Kariuki claimed Allan Ntimama, a son to Ntimama, was present when the the former minister promised to introduce the petitioner to the family.

He said that before his death the former vocal Maasai leader had promised to formally introduce him to his family, but that did not happen.

“Now that he is dead, I should be allowed to take specimen samples of his body to enable me take a DNA test to affirm that he was my father,” Kariuki had said in 2016.