Woman lodges paternity suit against Kilonzo

Eunice Nthenya leaving Nairobi Milimani Law court on May 8, 2013 after lodging a paternity suit against the late Makueni Senator Mutula Kilonzo. PHOTO/PAUL WAWERU

What you need to know:

  • Fida reportedly wrote to Mr Kilonzo’s wife Nduku on May 3 offering confidential mediation but she allegedly did not reply.
  • The plaintiff argued a DNA test needed to be conducted quickly before Mr Kilonzo is buried to enable the paternity be determined and the minor included as a beneficiary of the deceased’s estate.

A woman has filed a paternity case against the late Makueni Senator Mutula Kilonzo and wants tests conducted to determine if he is the father of her seven-year-old son.

Ms Eunice Nthenya, 23, had initially wanted the Senator’s burial, scheduled for Thursday, stopped until a DNA sample is obtained.

But a family pathologist said there was enough material already with doctors for such a test to be conducted, if needed.

In papers filed in court, Ms Nthenya claims she had a three-year affair with Mr Kilonzo between 2005 to 2008 resulting in the child’s birth.

She claims to be the daughter of one of Mr Kilonzo’s workers.

Ms Nthenya wants the paternity of her son ascertained saying she fears the child may be blocked from inheriting a share of the top lawyer’s multi-million shilling estate.

A doctor who performed an autopsy on the late Senator said in an affidavit that samples were retained and were available for medical tests and “any other tests required or requested for”.

Fida reportedly wrote to Mr Kilonzo’s wife Nduku on May 3 offering confidential mediation but she allegedly did not reply.

Fida subsequently moved to court on a certificate of urgency.

Ms Nthenya, in her affidavit, said she was the daughter of Mr Robert Kavita Malinda, the late politician’s herdsman of 12 years who served him until October last year.

She asserts during her alleged relationship with Mr Kilonzo, a child was born on May 5, 2006 in Makueni.

“The deceased maintained the minor child herein from his birth until his demise on April 27, 2013,” the affidavit read in part.

The plaintiff argued a DNA test needed to be conducted quickly before Mr Kilonzo is buried to enable the paternity be determined and the minor included as a beneficiary of the deceased’s estate.

She was apprehensive the late Senator’s family may not recognise the minor as a heir to his alleged father’s wealth.

“I am the biological mother of the minor aforesaid therefore I am well versed with the facts of this case...” Ms Nthenya’s affidavit said.

“I had a relationship with the deceased honourable Mutula Kilonzo between the year 2005 and 2008 which resulted into a minor now aged seven.”

Annexed in the court papers was a copy of the notification of birth in respect of the minor and a letter addressed to the late Senator’s widow.

Ms Nthenya claims Mr Kilonzo paid the maternity bill of Sh4,000 in cash when the baby was born.