Mark Too children to take DNA test in property case
All six known children of the late former powerful KANU nominated MP Mark Kiptarbei Too will in the next seven days undergo a DNA test, the High Court sitting in Eldoret has ordered.
The new twist of events comes after Chepkoech Too, allegedly sired out of wedlock by the late politician filed an application for DNA to ascertain her paternity after the late lawmaker’s widows disowned her, claiming that she was not one of them and therefore should not be included in the sharing of his multi-billion-shilling estate.
In his decision Justice Eric Ogola noted that it is in the interest of justice that a sibling DNA test be conducted in order to settle the paternity issue before the succession case that has been pending in court for the last six years can proceed for hearing and determination.
“I have perused the pleadings and note that Chepkoech produced a birth certificate as evidence that the deceased was her father...In the aforesaid circumstances, I find and hold the applicant has established a nexus to warrant the orders for a sibling DNA test,” ruled judge Ogola.
While issuing the order the judge considered that it was not possible to order for exhumation of the body of the deceased especially considering how long he has been dead. The judge concluded that in the absence of the siblings DNA test orders Chepkoech stands lose out on her inheritance.
“Keeping in mind that the purpose of succession proceedings is to ensure that the beneficiaries and dependents of the deceased are adequately catered for, I allow the application. This will sort out the issue of paternity once and for all, something which I gather is in the interests of justice,” Judge Ogola said.
This means that the know deceased’s children namely ECT, MKT, JJT, DKT, SJT and KKT are expected to present themselves at the Kenya Institute of Medical Research (Kemri) within seven days for the harvesting of DNA samples for matching and comparisons with that of Chepkoech before a report is filed in court within 30 days. In her application, Chepkoech had claimed to be fathered by Too, stating that she had a right to be included in the sharing of her father’s vast estate.
“I’m a daughter to the deceased arising from the deceased’s relationship with my mother lJK,” Chepkoech states in her court papers. She faulted the widows; Mary and Sophia Too, for failing to acknowledge her as a child of the deceased and failing to include her in the proposed mode of distribution of the late Too’s wealth estimated at more than Sh 7 billion.
“The applicant has not produced even a single receipt to show that the deceased took care of her as a child in any manner whatsoever. There is no receipt of provision for housing, medical bills, food, schooling and even recreation throughout her 30 years when the deceased was still alive, “one of the late’s widow Sophia informed the court while opposing the DNA test.
