The high court on Thursday declined to adopt a 37-page DNA consent that has been filed in the late Simeon Nyachae’s Multi-billion estate dispute flagging it off as a delaying tactic.
In the case, an American woman Margaret Chweya has laid claim to the estate of the late minister saying she had three kids now adults for him and they should each have a share of their father’s property.
In this application, the Nyachae family through Lawyer George Muchiri filed a consent with 23 paragraphs stipulating the conditions for the DNA that is to be conducted on the three children who are all US citizens.
Muchiri had urged court to adopt the consent as is saying to them it was unopposed since that there was no response filed by Chweya’s lawyers
Lawyer Danstan Omari, Omayio Aranga and Brian Mabea said the application was too lengthy and Muchiri had included people who were not a party to the case to be in the DNA exercise.
“In the proposed consent Muchiri is bringing a lot issues which will end up taking us through another hearing which is not necessary,” Omayio said.
Justice Eric Ogolla agreed with Chweya’s lawyers saying the long consent will only lead into a hearing.
“A consent on DNA cannot in all fairness have 23 paragraphs this itself is another petition. DNA is not something that would require 37 pages to determine a consent of DNA,” the judge said.
The court said it had a feeling that the consent is meant to derail proceedings because the consent itself will result to another hearing and they will forget about the main hearing go to consent which will take another three years
“The respondents (Chweya) are justified, this is an application to delay this matter pure and simple we know how these estates run and this are tactics used by parties delay these matters to run for 10, 20, 30 to 40 years,” Judge Ogolla noted.
Justice Ogolla said they have files in their division running for 30 to 40 years and they start with this kind of applications.
“We can’t have a consent with 23 paragraphs on determination of DNA,” the court said
In his defence, Muchiri denied delaying the matter as suggested by court saying that was not the intention.
“My lord that is not case in fact my clients are pushing for the fast tracking of this matter and do regret the impression the consent is giving,” Muchiri said.
On his part, Omari suggested to court that they should proceed with the main substantive hearing while the question of the DNA will be lingering.
In his directions to court, Judge Ogolla said the substantive hearing which had already kicked off should resume as scheduled on January 23.
He gave time to Chweya’s lawyers to look at the consent and file their responses within 10 days.
