Tuesday, 19 December 2023

Kibaki Succession Saga Extends: More Time for Settlement Talks


The contentious battle over the late President Mwai Kibaki's multi-billion shilling estate took a temporary pause this week as the Nairobi High Court granted another extension for out-of-court settlement talks. Both Kibaki's family and two individuals claiming to be his children have agreed to use the additional time to explore a potential resolution outside the courtroom.

The dispute revolves around the validity of Jacob Ocholla and JNL (legal alias for the second claimant) as biological children of the former president. They seek recognition as beneficiaries of the estate, questioning the authenticity of a will presented by Kibaki's official family - Judy Kibaki, Jimmy Kibaki, David Kagai, and Anthony Githinji.

Justice Hellen Mathenge granted the extension upon a joint request from the legal representatives of both parties. "Having considered the submissions from both sides, I am convinced that further consultations could potentially lead to an amicable resolution of this matter," the judge stated. "Therefore, I grant an extension of [timeframe] for the parties to engage in dialogue and explore the possibility of a settlement."

This recent development marks a shift from the confrontational tone that characterized the early stages of the case. Both sides expressed optimism about the prospect of reaching a settlement. "We welcome this opportunity to engage in constructive dialogue with the family," stated Omoke Morara, Ocholla's lawyer. "We believe that an out-of-court agreement could be beneficial for all parties involved."

Kibaki's family also echoed a similar sentiment. "We are open to exploring any solution that respects the memory of our father and his wishes," said Kibaki's eldest daughter, Judy. "We hope that these additional discussions will pave the way for a speedy and dignified resolution of this matter."

The complexity of the case arises from the lack of DNA evidence confirming Ocholla and JNL's claims. Their legal team requested an order for sibling and paternity DNA tests, but Kibaki's family has consistently opposed it, citing privacy concerns and questioning the motives behind the request.

While the court granted the extension for settlement talks, it warned that failure to reach an agreement within the designated timeframe could result in the resumption of full court proceedings. "I trust that this opportunity will be utilized effectively," Justice Mathenge emphasized. "However, should an amicable resolution remain elusive, the court will be prepared to proceed with the case on its merits."

The Kibaki succession saga has captivated Kenyan public attention for nearly a year, attracting significant media coverage and sparking debates about inheritance rights, family secrets, and the complexities of high-profile estates. While the path forward remains uncertain, the recent emphasis on settlement talks offers a glimmer of hope for a potentially less public and acrimonious resolution for all parties involved.

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