A woman has moved to court seeking Mutula Kilonzo's DNA to confirm whether he is the father of her seven-year-old son.
Eunice Nthenya got the green light for a DNA sample from Mr Kilonzo's body "for purposes of determining the paternity of the minor prior to his burial slated for May 9, 2013".
Ms Nthenya has sworn an affidavit to the effect that she was in a relationship with the late Makueni Senator between 2005 and 2008 and that he was the biological father of the minor who was born on May 5, 2006 in Makueni.
“The deceased maintained the minor child herein from his birth until his demise on April 27, 2013, the affidavit reads in part.
Ms Nthenya lawyers said she needed to expeditiously conduct a DNA test from Mr Kilonzo's remains before he is buried to ascertain the paternity of the child and enable the minor to be included as a beneficiary of his estate.
The lawyers said Ms Nthenya was apprehensive the late Senator’s family may not recognise the minor as a beneficiary of his vast property.
“I am the biological mother of the minor aforesaid therefore I am well versed with the facts of this case," Ms Nthenya says.
"I had a relationship with the deceased, Honourable Mutula Kilonzo, between the year 2005 and 2008 which resulted into a minor born on May 5, 2006."
The woman wanted the burial stopped but Mr Kilonzo's family entered a consent on the DNA testing.
Consultant pathologist Dr Andrew Kanyi told the court samples of blood and tissue were retained and were available for testing.
The doctor said in an affidavit that Mr Kilonzo is survived by seven children who share the same DNA.
Ms Nthenya claims Mr Kilonzo paid the maternity bill of Sh4,000 in cash for the minor when he was born.
“On May 3, 2013 my advocate wrote a letter to the deceased widow as the representative of the estate seeking an intervention through a process of mediation but the said letter has not elicited any response from the deceased’s family to date,” read the affidavit.
“I am not in the financial position to take care of the expenses that come with maintenance and care of the minor. I am struggling to educate, clothe, feed and provide for the child and pray that the estate of the deceased recognises the minor as beneficiary of the deceased and thereby contributes towards the child’s upkeep.”
The case was before Justice Luka Kimaru of the Family Division.
Mr Kilonzo’s family has appointed the firm of Archer and Wilcok Advocates to act for it in the matter while Ms Nthenya is represented by lawyer Beatrice Chelangat.
“The applicant prays that in the best interest of the child, this application be heard with urgency since the minor’s rights as a beneficiary of the estate of the deceased will be greatly violated if the child’s paternity is not determined before the deceased is interred.”