The succession of the late President Mwai Kibaki has taken a dramatic turn after a man claiming to be the deceased's son moved to court challenging his will.
Jacob Ocholla Mwai, in court documents filed at the Nyeri Family Court on Thursday, July 21, sued the Kibaki family seeking to learn whether the former president bequeathed him part of his extensive wealth.
Ocholla Mwai urged the court to compel the Kibaki family to recognize him as the firstborn son and give him an equal share of the late Kibaki's wealth.
The petitioner, through his lawyers - Omoke Morara and Peacela Atim - filed a succession dispute order to prompt Kibaki’s children, Judy Kibaki, David Kagai, Jimmy Kibaki and Anthony Githinji, to begin allocating the former president’s estate.
“That the Citor (Ocholla Mwai) has attempted to reach out to the Citees (Kibaki children) multiple times but his efforts have not been successful.
"The Citor is afraid that the Citees might proceed with the succession process without involving him and he might be left out of the estate of the deceased despite him being entitled to the share of the estate,” the court documents read in part.
Lady Justice Florence Muchemi, who is hearing the case, directed the matter to be mentioned on September 19, 2022, when she will give directions on how the matter will proceed.
Justice Muchemi also directed the Kibaki family to file their responses within 21 days.
“It appears that Jacob Ocholla Mwai is the lawful son of the deceased and one of the persons entitled to share in his undisposed estate. Now, this is to direct you (Kibaki children) to appear in the High Court at Nyeri and accept or refuse the probate of the said will or show cause why letters of administration of Kibaki’s estate should not be granted to Ocholla.
“Take notice that in default of your so appearing and accepting extracting probate of the said will, this court may proceed to grant letters of administration of the said to Jacob Ocholla Mwai, your absence notwithstanding," the Magistrate's directive read.
In a previous interview with KTN News, Ocholla stated that he had a close relationship with the late president, whom he found out was his father when he was 21 years old.
According to Ochola, when Kibaki was Vice President, he would visit him at a hotel in Mombasa where he worked as the manager.
