Norah Atieno (right) and Anne Wanjiru outside Nakuru Law Courts after seeking a second injunction to stop the burial process of their late husband Washington Olweny. [Kipsang Joseph, Standard]
The High Court in Nakuru has ordered aDNAtestto prove the relationship between a woman claiming to be widow to former Nakuru businessman Washington Olweny and her son.
Justice Teresia Matheka, who gave the orders yesterday, directed Norah Atieno and her son John Kevin Odhiambo to undergo thetestwithin 30 days.
She limited thetestto Atieno and her son, although she was informed that there was need to do aDNAtestto prove the relationship between Odhiambo and the late Olweny.
TheDNAtestis strictly limited to maternitytestand issues ofDNAtestbetween Odhiambo and the deceased can wait because it is not relevant at the moment, ruled Matheka.
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Justice Matheka ordered Atieno to choose the government chemist where theDNAsamples could be analysed.
She ruled on an application by Phelisiah Akoth and her sons Edwin Otieno and Timothy Ochieng' dated June 28, 2021.
Ms Akoth, Olwenys widow, filed the application and she is adamant that Odhiambo is neither Olwenys son nor Atieno's.
Through her lawyer Diana Mureithi, Akoth claims Olweny did not have a child with Atieno and that aDNAtestmust be done to prove the same.
She even told court she was willing to cover the cost of extraction of samples, collection and analysis.
The court allowed the application, noting that on June 21, while testifying, Atieno agreed to undertake aDNAtestbetween herself and her son to prove maternal relationship.Birth certificate produced was marred by inconsistencies drawing suspicions on whether Odhiambo was Olwenys son, read the application.
Atieno, Akoth and Anne Wanjiru are battling in court for a share of Olwenys estate valued at Sh200 million.
Olweny died on November 28, 2016 and the family has been in court seeking to share the property comprising a private hospital, land, commercial and residential buildings in Rift Valley, Nyanza and Nairobi.
Allan Onyango, Olwenys son, went to court to lock out Atieno and Wanjiru from his fathers property.He wants the High Court to declare his mother Akoth the only legal wife to Olweny.
The case will be mentioned on October 14, 2021.
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DNA test to prove relationship between woman and Nakuru tycoon - The Standard
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