Kirima kin take on pathologist

The children of former Starehe MP Gerishon Kirima want the High Court to recall a pathologist who performed the postmortem examination on his body in January last year.

Through lawyers Fred Ojiambo, Lumumba Nyaberi and Jotham Arwa, the children of the first and second wives, on Monday urged Mr Justice Isaac Lenaola to recall Dr Peter Ndegwa “for purposes of cross-examination on a postmortem report he presented to the judge last month.”

When Dr Ndegwa appeared to testify in the succession dispute over the multi-million-shilling estate of Mr Kirima, who died in South Africa in 2010, all the lawyers said they did not wish to ask him any questions.

Mr Arwa presented the application when the case came up for hearing and lawyers Stephen Mwenesi, Wilfred Nyamu and Kyalo Mbobu for Teresia Wairimu, the widow of Mr Kirima, sought time to answer to the request to recall the pathologist.

In their application, the children allege the statement presented by Dr Ndegwa “ contained allegations which were not only false but were intended to cast malicious aspersions on Anne Wangari Kirima, the deceased brother James Njuguna Kirima and Dr Joseph Aluoch and other potential witnesses in the case.”

Justice Lenaola granted the widow’s lawyers and other beneficiaries of the estate 48 hours to answer the allegations contained in the application filed by Mr Arwa.

Dr Ndegwa said in his report that Mr Kirima was neglected and malnourished before his death. He was engaged by Ms Wairimu to conduct the postmortem examination on Kirima’s body at Lee Funeral Home.

“I found that the cause of death was cardiorespiratory failure and hypostatic pneumonia and kidney disease,” says Dr Ndegwa in his report. The case resumes on Wednesday.