A fresh legal battle over the estate of Kenya’s third president, Emilio Mwai Kibaki, has landed in the High Court after a man identifying himself as Jacob Ocholla Mwai asked the court to recognise him as a biological child and to challenge the validity of the late president’s will. The dispute threatens to reopen old tensions around inheritance, family lineage and the handling of estates of prominent public figures.

The claim in brief

Jacob Ocholla — who has for several years claimed to be Kibaki’s firstborn son — filed papers seeking recognition as an heir and asking the court to set aside portions of a will that names the late president’s four acknowledged children as sole beneficiaries. Ocholla alleges the will may have been forged or that it unjustly excludes him and at least one other claimant seeking a share of the estate. His filing asks that he be declared a legal heir and included in the distribution of Kibaki’s assets.

DNA, exhumation and key evidence

Because the claim hinges on biological descent, Ocholla’s lawyers have pushed for scientific proof. Among the more dramatic steps sought in filings is an order for DNA testing — a request that has even included proposals to exhume the late president’s remains so that a conclusive genetic comparison can be made. The application points to affidavits from individuals who say they have direct knowledge of the family circumstances; the Kibaki family, however, has strongly challenged the affidavits and the legal basis for such extraordinary orders.

Family pushes back

Members of the Kibaki family — led publicly by Judith Wanjiku Kibaki and other acknowledged children — have moved to have the case struck out or dismissed. They argue the claims are unsubstantiated, the affidavits submitted by the claimants lack credibility, and that existing evidence points to the legitimate and lawful distribution of the estate under the late president’s documented wishes. The family’s legal team has also raised concerns about the propriety and privacy implications of exhumation, and whether the court should even entertain claims made years after the will was executed.

Witnesses and political figures may be called

Court papers filed by the claimants list a number of potential witnesses thought to possess information that could support assertions of undisclosed relationships or customary marriages involving Kibaki. Among those flagged as potentially relevant is Mary Wambui, the former Othaya MP, whose testimony the claimants say may illuminate past personal arrangements that bear on parental links and inheritance. The prospect of calling public figures to testify has added a political and reputational dimension to what might otherwise be treated as a private family succession case.

Legal and public implications

Legal experts commenting on the matter note that succession disputes involving high-profile individuals often raise complex questions: the admissibility of late evidence, whether courts should order exhumations, how to balance privacy against the need for truth, and what standards of proof apply in lineage claims. If the court orders DNA testing and it confirms the claimants’ assertions, the consequences for the administration of Kibaki’s estate could be substantial. Conversely, if the court rejects the applications, it may close a long-running chapter of family disputes that have periodically surfaced since the former president’s death in 2022.

Where the case stands

The matter has been scheduled for further hearings as the High Court considers competing motions from both sides. Judges in earlier procedural rulings have urged parties to explore settlement possibilities, but those calls have so far not produced a resolution. Observers say a full evidentiary hearing — potentially including expert testimony on document authenticity and the results of any ordered DNA tests — could take months, depending on the court’s docket and whether appeals are mounted.

Public reaction

The dispute has attracted wide media interest in Kenya, in part because it involves the estate of a president remembered for both economic reforms and controversies during his tenure. Public reaction has been mixed: some viewers see the case as an overdue attempt by marginalised claimants to seek recognition and a fair share; others view it as an intrusion into a private family matter that risks becoming a spectacle. Legal analysts warn that the court’s handling of sensitive procedures — such as DNA orders and witness summonses — will be scrutinised for precedent-setting implications in future inheritance disputes.

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What’s next: The High Court will continue to process preliminary motions and consider whether to order scientific tests or summon listed witnesses. The outcome will determine whether the Kibaki estate proceeds under the existing distribution plan or whether it must be redistributed after determinations on lineage and the will’s authenticity.

Sources: reporting from the Daily Nation, The Star, Mwakilishi, Kenya Insights and related court filings and local reportage.