NAIROBI, Kenya — The legacy of Kenya’s third president, Mwai Kibaki, is under scrutiny as a legal battle unfolds over his estate, with two individuals claiming to be his children challenging the validity of his will and seeking a share of his wealth.
Jacob Ocholla and a woman nicknamed JNL opposed issuance of a grant to Ms Wanjiku for execution of Kibaki’s will and distribution of the estate.They have filed objections in court, asserting that they are Kibaki’s biological children and were unjustly excluded from his will dated December 23, 2016. They allege that the will, which names Kibaki’s four known children Judith Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Githinji as sole beneficiaries, does not reflect the true extent of his assets and omits rightful heirs.
Ocholla, 63, and JNL, 62, claim that Kibaki had relationships with their mothers in the 1950s, resulting in their births. They have requested DNA tests to establish paternity, including the exhumation of Kibaki’s remains for sample collection. Their petition states, “It is germane that the DNA paternity test be ordered in order to prevent the oppression of the objectors by leaving them out of the estate of the deceased yet they are children of the deceased and hence beneficiaries in the estate.”
The Kibaki family has opposed these requests, citing privacy concerns and the dignity of the late president, who was buried following a state funeral. In court filings, Judith Wanjiku argued that exhumation would be a violation of their father’s final resting place and that the will accurately represents his wishes.
Beyond the question of paternity, the objectors allege that the executors of the will have not fully disclosed the extent of Kibaki’s wealth. JNL claims that Kibaki held significant shares in several companies, including International House Limited, where he purportedly owned 20,033 shares directly and an additional 27,000 shares through Roirie Investment Company Limited. She also lists holdings in Lucia and Company Limited, Gingalili (1968) Limited, and Pinpoint Investment Limited, among others.
According to JNL, these assets were not accounted for in the will, which estimated Kibaki’s estate at Ksh50 million, primarily comprising land parcels in Othaya and Nyeri. She contends, “The petitioners were very economical with the truth and misrepresentation or withheld truthful facts from the court.
The court has scheduled a hearing for June 26, 2025, to address the objections and determine the validity of the will. Justice Eric Ogola has encouraged the parties to seek an out-of-court settlement, but previous mediation attempts have failed.
As the case proceeds, it raises complex questions about inheritance rights, the recognition of children born out of wedlock, and the transparency of estate declarations by public figures. The outcome could set a significant precedent in Kenyan succession law.
