, NAIROBI, Kenya, Feb 27 – A 45-year-old man who claims to be a son of the late Njenga Karume is now seeking a court order to stop the burial of the former Defence Minister set for this Saturday.
Edwin Thuo wants Karume’s funeral put on hold until extraction of DNA material is done for use in two cases that are pending in court.
He wants the High Court to issue orders restraining the surviving widow Grace Njoki Njenga, her servants or agents from burying or interring Karume’s remains until he get the samples.
“The DNA sample should be preserved in the government chemist,” he says in court papers filed by his lawyer Irungu Kangata.
Thuo argues his cases have very good chance of success and there is danger of rendering them obsolete if the DNA test is not conducted.
According to him, no prejudice will be suffered by Karume’s family as the order is only seeking to temporarily stop the ceremony pending extraction of the DNA material.
The case is listed for hearing on Tuesday, February 28 before a judge of the High Court family division.
Last month, the High Court dismissed Thuo’s suit saying the issues he had raised were settled by way of consent by parties and endorsed in December 2008.
Judge David Majanja declined to allow the petitioner to proceed with the case saying it would engage the court in an academic exercise.
Justice Majanja held that as long as the consent remains, it binds the parties and cannot be disregarded until review orders to set it aside are obtained.
“As long as the agreement remains, no party can seek to impugn the consent by way of a petition. The application by the petitioner is hereby struck-out as it is an attempt to circumvent the consent entered and endorsed by the court,” the judge ruled at the time.
Thuo had claimed the suit was not withdrawn by consent and argued that he retained power to file another suit because Karume had been shielded from his parental responsibility.
He claims he is a son from a union between Karume and Lucy Muthoni.
He claims the relationship started when his mother was 18 year-old at a time she worked for the former minister.
Thuo claims Karume refused and failed to recognise him as his son and was surprised to learn he was his father after being raised under great poverty and hunger.