Courts

How Expert Arrived At The Conclusion That Jacob Ocholla Is Mwai Kibaki’s Son

A man who claims in court to be former President Mwai Kibaki’s biological son intends to rely on a finding by a human pathology expert that he resembles Kenya’s third President.

To prove his case, Mr Jacob Ocholla is banking on a forensic report by the expert, Mr Zakayo Limiri Thaimuta.

In an affidavit filed at the High Court in Nairobi, Mr Thaimuta said he compiled the report dated January 19, 2023, following a request by Mr Ocholla to assess and comment on the similarity between himself and the late Kibaki.

“Upon analysis of photos, I form an opinion that there is a significant similarity between the two individuals: Jacob Ocholla Mwai and Mwai Kibaki,” said Mr Thaimuta in the report.

In the forensic report, the expert found that the nose, forehead, eyelids and lips of the two resemble.

He added that the body frame, facial features and sitting postures showed a resemblance.

“The following items are distinctly identifiable: The craniofacial features and morphology of nose, forehead, eyelids and lips resemble. The cheeks and cheekbone are similar. Sustained eye contact and eye blinking are similar. The baldness between the compared photos is similar. Speech and lips movement (also show) similarity,” said Mr Thaimuta.

Phenotypic features

Mr Thaimuta concluded that “the similarity assessment by analysing phenotypic features suggests that Jacob Ocholla Mwai and Mwai Kibaki are related”.

“Phenotypic assessment outcome be validated with either siblingship test or paternity test. Siblingship test be applied if there are known relatives of the deceased. In this case, Y chromosome analysis will be dependable,” he said.

Mr Ocholla, 62, through lawyer Omoke Morara, is pushing for a DNA test to find out whether he was sired by Kibaki.

But Kibaki’s children led by Judith Wanjiku have since opposed a proposed DNA test, citing a violation of their privacy and urged the court to dismiss the request for orders of sibling and DNA tests. 

Mr Ocholla moved to court after Kibaki’s death in April 2022 staking a claim to the late Kibaki’s wealth. 

He also wants to be recognised as a son of the former Head of State and a beneficiary of his vast estate.

The hearing was postponed to July 28, 2023.


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