The High Court has ordered a DNA test done on the children of late President Daniel Moi’s eldest son — Jonathan — amid a paternity row.
Justice Eric Ogola directed that the test be conducted on the 19 beneficiaries of the estate of the late Jonathan, who was popularly known as JT Moi, following an application by some of the beneficiaries.
Jonathan Moi died in April 2019 and was buried at his farm in Kabimoi, Eldama Ravine.
His first wife, Sylvia, was granted a temporary order to administer the estate and for purposes of offsetting bills and preserving her husband’s estate until the court made a final determination on the matter.
The beneficiaries who asked for the paternity test had indicated that the late President Moi had declared in his will that only his bloodline should benefit from the share of his multi-billion estate.
“In terms of DNA, I have noted that almost all parties do not dispute DNA. As such all parties claiming to be beneficiaries by virtue of being the children of the deceased be subjected to kinship/sibling DNA examination, to be conducted at the Lancet laboratory or at Kenyatta National Hospital (KNH),” said the judge.
The judge at the same time declined to quash a consent adopted in August 2023, recognising the 19 children as beneficiaries of the estate of the late rally driver.
Justice Ogola further said that any party seeking permission to appeal against the decision or urging for the suspension of the decision, pending appeal, should file a formal application.
Sylvia and her son Clint Kiprono Moi had asked the court to set aside a court order adopted in August 2023, recognising 19 children as beneficiaries of the estate.
It was their argument that all the beneficiaries should be subjected to the test to confirm whether they are late President Moi’s bloodline.
In his Will, which was confirmed by the court on Tuesday, Moi gave 20 percent stake in each of the four properties and two bank accounts, to his five sons- the late Jonathan, Raymond, Gideon, Philip and John Mark.
In April, Moi’s heirs agreed to share out properties identified in the will, including parcels of land in Nakuru and Uasin Gishu counties.
Justice Hillary Chemitei had noted that the family had agreed to the distribution of the land and an undisclosed amount of money in two bank accounts- Transnational Bank (now Access Bank) and Standard Chartered Bank (both in Nakuru branches).
Present during the confirmation of the grant were former Baringo Senator Gideon Moi, former Rongai MP Raymond, Philip, and daughter Doris Moi.
Justice Chemitei had also directed the deputy registrar of the court to publish a notice in the Kenya gazette, notifying the public or any interested parties to raise any objections.
Each of Moi’s five sons will get 20 percent of the properties that were agreed upon and the money in the two bank accounts.
Moi died on February 4, 2020, aged 95 years and left behind 931 hectares (2,300 acres) of land and properties in Kabarak to be shared among the five sons.
Also to be shared out among the five sons are two parcels of land in Moi’s Bridge in Uasin Gishu County. There is also another parcel of land in Nairobi identified as L.R No. 209/14697.
Moi’s instructions were that the ancestral land be shared equally among the sons who will later transfer ownership of their portions to their children.
As for the three daughters- Jenifer Chemutai, Doris Chepkorir and the late June Chebet, Moi gave each one Sh100 million.
