The high court has declined to order DNA testing for a 60 year old businessman to ascertain if he is a biological son to the late Cabinet Minister Willian Ole Ntimama.
Justice Joseph Onguto said George Njoroge Kariuki should have done the tests before Ntimama died.
The vocal Maasai leader is said to have died of natural causes in his house in Narok. Ntimama was the Narok North MP for 25 years before he retired in politics on September 14, 2013.
He also served as a minister in former President Mwai Kibaki’s government.
The judge also said he was not convinced that the orders sought by Njoroge were urgent to warrant the court interfere with the burial of the late minister which is scheduled for September 14.
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In his suit papers the businessman claims that the former Minister had a relationship with his mother Rebecca Ngibia and that he fathered him in 1956.
He says Ntimama never married his mother and that she raised him as a single parent.
He had accused Ntimama’s family of failing to recognize him and for not involving him in the funeral arrangements.
When asked by the judge why he had to wait for 60 years to move to court, Njoroge said, he and the late minister kept a father-son relationship hence he did not have a reason to sue him over parental responsibilities.
“Whatever the petition wants can be obtained even after the funeral. I do not see any urgency in this matter” the judge ruled.
The case is to be heard on October 25.