Succession Case Involving Alleged Kibaki Son Pushed to June 2025, Mediation Efforts Ongoing

Nairobi, Kenya – A succession case in which Jacob Ocholla is seeking recognition as the firstborn child of former President Mwai Kibaki has been postponed to June 26, 2025. Justice Eric Ogola directed the parties involved to present their witnesses in court while continuing efforts to reach an out-of-court settlement.

The case, which has garnered significant public attention, revolves around claims made by Ocholla and a woman identified as JNL, who both assert that they are biological children of the late President Kibaki. They are seeking a share of Kibaki’s estate, which includes substantial assets. The dispute has raised questions regarding the legitimacy of their claims and the recognition of their relationship with Kibaki’s four known children—Judy Wanjiku, Jimmy Kibaki, Kagai Kibaki, and Githinji Kibaki.

“Given the possibility of more applications being filed, let all intended applications be filed and served within 14 days. Applications challenging the validity of the will shall be heard orally,” Judge Ogola stated.

Mediation Efforts Unsuccessful

While the parties initially attempted to resolve the matter through mediation, no agreement has been reached, and the case continues in court. At the heart of the dispute is whether JNL and Ocholla should be recognized as Kibaki’s legitimate children, alongside the four known heirs, and how Kibaki’s estate should be divided.

Ocholla has specifically requested that Kibaki’s body be exhumed for DNA testing to confirm his paternity. He claims that no living male relatives are in a position to assist with the DNA verification, and he contends that he is Kibaki’s firstborn child.

However, Kibaki’s children have strongly opposed this request, stating that exhuming Kibaki’s body for DNA testing would be an infringement on their family’s privacy. In an affidavit filed in court, Judy Wanjiku, on behalf of her siblings, emphasized that the burial of the late President was a matter of national importance, following a state funeral that was funded by public resources. She argued that any attempt to disturb his remains for DNA testing should not be granted lightly.

Continued Negotiations and Court Hearings

Despite the impasse, both parties expressed a willingness to continue negotiations through mediation. “If there’s any opportunity we can get to discuss, we will,” said a representative of Ocholla and JNL during the court session.

Judge Ogola encouraged the parties to explore all avenues for resolving the dispute amicably before the next hearing date, warning that if mediation fails, the case will proceed to a full hearing in June 2025.

Background

Jacob Ocholla and JNL claim that they are biological children of the late President Kibaki, and both are seeking to be included in his will alongside his four children. Kibaki had officially named Judy Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Githinji as his heirs. The legal battle continues as the family remains divided on the matter, with significant emotional and financial implications for all parties involved.

The outcome of the case will have profound consequences on the distribution of Kibaki’s multimillion-shilling estate, which has become a source of contention within the family.