An American based man has sought for orders to exhume his late father renowned university don Professor Gichuru Muriuki who died four years in order to conduct DNA to confirm paternity.
Timothy Muriuki who lives in the US has told court that he is the biological first son of the late don who died in 2019.
The late Gichuru’s estate is valued to be over Sh 100 Million that will be shared between his family.
Through his lawyer Danstan Omari, Muriuki now wants the court to order for exhumation of his late father so that a DNA can be conducted to ascertain that he is the son.
This is after his stepmother Charity Gichuru objected his paternity claiming he is a stranger and not her late husband’s son.
However, Omari has maintained that Muriuki is the late professor’s son and all family members were aware of it before his demise.
Omari says that the allegation by Muriuki’s stepmother that they forged his birth certificate is the reason why they are asking for exhumation to prove that he is a son to the deceased.
“Exhumation and DNA test is the only way to establish the truth regarding the Objector’s assertion that he is a biological child of the deceased person,” reads court paper.
In an affidavit filed in court, Muriuki says that he was present when his father was hospitalised in Nairobi Hospital from July 5 to 15 2019 when he died.
He further claims that he was also there at the ICU when the attending doctor invited the family for a meeting to discuss whether to resuscitate him or not if he went into cardiac arrest.
That based on the aforementioned circumstances of this case, it is imperative to have the disinterment of the Deceased body for the purposes of conducting DNA test.
He has asked the court to order the Nairobi hospital to bring to court the Do Not Resuscitate Agreement relating to the late Gichuru Muriuki.
Omari argues that the DNA test will not prejudice the family of the deceased but it will help settle the dispute concerning paternity with finality and as such ensure that only the rightful heirs get a share of the estate.
They have requested the court to also order the officers of KEMRI and Lancet to obtain necessary samples for DNA testing.
Then present the results of the analysis to court for further directions in regards to the succession case.
