- Justice Eric Ogola of the High Court in Nairobi had given the parties up to December 18, 2023, to engage in mediation.
- That was after the parties informed the judge that they had initiated talks to resolve the matter out of court.
Image: FILE
The family of former President Mwai Kibaki and two people seeking a share of his estate by claiming to be his children will today (Monday) head back to court to report on the progress of their out-of-court negotiations.
Justice Eric Ogola of the High Court in Nairobi had given the parties up to December 18, 2023, to engage in mediation.
That was after the parties informed the judge that they had initiated talks to resolve the matter out of court.
Lawyers representing Kibaki's family asked the court to grant them more time before reporting back on the way forward.
"The parties are in discussions on how to proceed. We are asking the court for more time," lawyer Daniel Musyoka acting for the Kibaki family said.
Those seeking a share of the late Kibaki's empire are Jacob Ocholla who claims to be the former president's firstborn son and a woman codenamed JNL.
Ocholla's lawyer Morara Omoke did not object to the request but raised concerns that the court calendar was getting busy.
He asked that a mention date be set together with a hearing date in case the talks yield no fruit.
"We just want to secure instructions on the proceedings because the court calendar is getting very busy," Morara submitted during the virtual session in October.
Justice Ogola gave the parties until December 18 to mediate on the matter.
"The matter will be mentioned on December 18 when a hearing date will also be set," the judge ruled.
The ruling means the parties will have to tell the court whether they have agreed on any settlement out of court failing which the case will proceed for hearing.
The two objectors are demanding that Kibaki's body be exhumed to allow for DNA tests insisting it is the only way to confirm he was their biological father.
Ocholla claims there are no existing male siblings who can assist in getting the right DNA to ascertain that he is Kibaki's son. Ocholla claims he is Kibaki's first-born child.
Kibaki had listed his four children Judy Wanjiku, Jimmy Kibaki, David Kagai and Anthony Githinji as heirs to his multimillion estate.
The children have since opposed attempts to exhume Kibaki's body saying subjecting the body to DNA testing will violate their privacy.
Judy who swore the affidavit on behalf of her siblings also said the order to exhume Kibaki's remains cannot be whimsically granted since he was buried following a state funeral and that the interment was a matter of national and international importance which was funded by public funds.