Slightly over three years since the death of businessman Jacob Juma, it has emerged that his family is embroiled in a bitter multi-million property row.
Reports by the Star indicate that one of the four women left behind by late businessman and fierce government critic has accused Miriam Wairimu, who was appointed as an administrator of Juma’s estate in 2017, of sidelining her and her two children.
The woman identified as Lydia Tabuke is now fighting to have her children, who she claims were fathered by Juma, be listed as his dependents.
Tabuke is among the four women, who attended Juma’s burial at Mung’ore village in Bungoma after he was killed by unknown assassins in Nairobi in May 5, 2016.
In her application in court, Tabuke wants the court to subject the children she had with Juma to a DNA test.
She states that the DNA samples should be taken from Jacob Juma’s mother Irene Adhiambo.
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“In the event the DNA test establishes paternity, the administrators of the estate should be compelled to include the two children as beneficiaries of the estate,” reads part of her affidavit.
Already, Juma’s brother, Francis Shiundu, has filed a statement in court confirming that Tabuke was Juma’s wife.
In his statement, Shiundu states that Juma married Tabuke in 2005 in a customary marriage according to the Luhya traditions.
“I know the deceased had two children with Tabuke. She was also present during my brother’s burial ceremony, where I introduced all the wives and children of my late brother to the community, guests and everyone present at the burial,” reads Shiundu’s statement.
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In her response, Wairimu states that she does not object the paternity tests but insists that the samples to be used in the examination should be the ones collected from Jacob Juma when he died and stored at the government chemist.
“I am aware that given the circumstances under which the deceased died, samples of his DNA were collected under the instructions of the office of the Directorate of Criminal Investigations and stored by the government chemist,” she says.
However, Tabuke objects the move saying she is not aware of any samples stored by the government chemist as alleged by Wairimu.
“If at all any samples were taken from the deceased, I was not involved in the said process. The deceased’s mother Irene is agreeable to the DNA samples being taken from her,” she says.
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Wairimu told the court that she has written to the government chemist inquiring if the samples are viable for purposes of the paternity tests. She requested the court to allow a 60-day period for her to get the confirmation.
Tabuke has now urged the court not to allow a grant of probate application filed by Wairimu until all parties involved have been included in the list of beneficiaries and the mode of distribution is reviewed to include all beneficiaries of the estate and the protest filed before the court be allowed.
The case that has been going on since 2016, will be mentioned in January next year after filing of the report from the government chemist.
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