The family of the late President Mwai Kibaki enlisted private investigators to gather evidence concerning two people claiming to be his children and who want recognition and a share of his wealth, the High Court heard on Thursday.
Justice Erick Ogolla heard that the investigations were commissioned by Kibaki's son James Mark Kibaki, in a bid to solve the paternity and succession dispute on the distribution of the estate of the late President.
The intention was to buttress the family's defence that the claimants Jacob Ocholla and a woman codenamed JNL were not sired by Kibaki.
This is after Mr Ocholla, 67, and Ms JNL, 64 filed objections in court opposing the execution of Kibaki's will on grounds that they were not listed as beneficiaries of his estate.
Mr Ocholla and Ms JNL, in their separate objections, claimed that their mothers met Kibaki in Uganda and the United Kingdom in the 1950s during his higher studies before he joined politics. Ms JNL's claim was backed by her mother, who filed an affidavit dated March 27, 2024, stating that she had an encounter with Kibaki and that he was her biological father.
However, a private investigator hired by James Mark Kibaki, Sebastian Omboto of Advanced Forensics Limited, says in a report filed in court that his findings did not support the objectors' claims and that the objections were not legitimate.
The private investigator indicates that he used the objectors' sworn affidavits filed in court, national government administration officers, such as village chiefs, and national registration bureau to uncover their backgrounds.
He also focused on their work history, education, and information on their parents.
For example, the investigator cited inconsistencies in Mr Ocholla’s identity documents and family records.
Though in court he introduces himself as Jacob Ocholla Mwai, the investigator says his name as indicated in the national identity is George Jacob Ojuka Ocholla and hails from Ugunja, Siaya County.
The report shows that Mr Ocholla was the sixth born in a family of 11 siblings and in the course of the investigations, one of the family members, James Umira, swore an affidavit refuting claims that Mr Ocholla was sired by Kibaki.
"JOO (Jacob Ojuka Ocholla) seems to have added the name "Mwai" to his name and dropped "Ojuka" after the death of HE Hon Mwai Kibaki so as to create the false impression that the deceased was his father," says the investigator.
"Details of JOO's siblings and where he worked are well captured by the respective affidavits signed by the relevant people," says the detective. "I leave it to the honourable court to establish the veracity of JOO's assertions."
The sibling, James Umira, also refuted Mr Ocholla's claims that their mother met Kibaki in Uganda at Makerere University.
"As a housewife, my mother would have had no opportunity to meet the Late Mwai Kibaki, and thereafter manage to hide it from my father with whom she would proceed to have five more children. Such a conduct would have led to serious marital conflict and even divorce. As the children we would have known about it," said Mr Umira in an affidavit.
On why he decided to speak out, Mr Umira says: "I have volunteered to give evidence, if anything to defend my mother's reputation now that she cannot defend herself. The only 'evidence' my brother is using is what he believes to be his apparent physical resemblance with the late Mwai Kibaki".
Regarding Mr Ocholla's claim that while working at Mombasa Beach Hotel in 1980s, he met and sat with Kibaki at the restaurant, another witness named Benjamin Bongo, former employee of the restaurant, also refuted the assertions. At the time, Kibaki was the Vice-President.
"I confirm I never saw the late Hon Mwai Kibaki sitting with Jacob Ochola at the Beach bar when he visited Mombasa Beach Hotel as Vice-President," says Mr Bongo, adding staff were not allowed to socialise with customers and more so at the hotel facility they were stationed, regardless of whether the customer and staff are related.
"The reason is to maintain a professional atmosphere. Such a conduct would have attracted disciplinary action if they were found engaging in such behavior," he states.
In relation to the case of Ms JNL, the investigator says her mother was an author, whose autobiography mentions her marriage to another individual, not Kibaki.
"By the time JNL's mother went to Britain for further studies in 1958, she was already married to (name withheld) and already had two daughters. Among the fellow Kenyans and students JNL's mother mentions having met while in Britain, Kibaki is not one of them," says the investigator.
Ms JNL, in her court papers, stated that her mother was studying hygiene and tropical medicine while Kibaki was a student of economics and political science.
However, Kibaki's family, led by Judith Wanjiku, has since denied the objectors' claims. Ms Wanjiku says that Ms JNL's parents are known and that her mother is alive. She says allegations that Ms JNL's mother had a relationship with Kibaki are inadmissible.
Together with her siblings, Ms Wanjiku denied engaging with Ms JNL in any private or family function or in any capacity.
"The allegation that the petitioners (Judith Wanjiku Kibaki, James Mark Kibaki, David Kagai Kibaki and Anthony Andrew Githinji Kibaki) and Ms JNL have in the past checked on each other from time to time is therefore untrue," she said in response.
To Mr Ocholla, Ms Wanjiku said a "mere facial resemblance, without more, which is denied, is insufficient to establish a familial connection between Mr Ocholla and Kibaki".
She added that there was no documentary evidence or third-party collaboration of Mr Ocholla's allegations of his relationship with Kibaki.
Kibaki died at the age of 90 on April 22, 2022, and his body was interred at his home in Othaya Nyeri County.
Hearing of the case was adjourned to May 14, 2026, before Justice Ogolla when Mr Ocholla is expected to be cross-examined by the lawyers on his evidence.
