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Court allows Nakuru family to test DNA of dead father

Friday January 10 2020

Nakuru Law Courts.

A file photo of the Nakuru Law Courts. PHOTO | GEOFFREY ONDIEKI | NATION MEDIA GROUP 

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A Nakuru court has allowed six family members to conduct DNA tests to prove their relationships with their deceased father to avert conflicts in future.

Senior Resident Magistrate Yvonne Khatambi allowed the family of Joseph Gaitho to test his remains before he is buried.

Gaitho died at Mediheal Hospital on January 2 and was to be buried on January 10.


The order followed an application by the six children for orders allowing Gaitho's siblings to conduct the tests to establish paternity.

In the application dated January 6, the children said people out to embarrass them have threatened to exhume the body for the tests to be carried out.


As such, Mr John Mwago, Mr Jecinta Mweru, Mr Michael Muchiri, Ms Jennifer Wairimu, Mr Dominic Mathea and Ms Virginia Njoki said the DNA tests are important.

The application states, “The DNA test should be carried out by a private diagnostic laboratory assisted by a government pathologist for credibility. The DNA is being done on good faith."


Magistrate Khatambi ordered extraction of samples by a government pathologist and for the tests to be carried out at the government chemist.

“Having carefully considered the application, I find it has merit,” the magistrate said in her ruling on Friday.

The case will be mentioned on January 28 for confirmation of filing of the results in court.