Jacob Ocholla Mwai, the 62-year-old man who claims to be the firstborn son of the late president Mwai Kibaki, now wants a share of the vast estate left behind by the deceased.
In a case filed at a Nyeri court, Ocholla wants the family of Kibaki to recognise him as the firstborn son of the former head of state and make him eligible to inherit the property.
Ocholla claims Kibaki was involved in a romantic relationship with his mother Jane Hilda Ocholla, an affair that led to his birth in July 1960.
According to the man, he learnt that he is related to Kibaki at the age of 21, after the passing on of his adopted father on January 28, 1981.
In a sworn affidavit filed before Justice Florence Muchemi, the petitioner claims his mother told him that the man he believed was his dad for two decades was not his biological father.
“It was the most shocking thing I had ever heard. The news left me distraught and with so many unanswered questions. All along I had grown up knowing that I was a Luo, only to realise that I was not,” Ocholla states in court papers.
Met Kibaki
He claims to have met Kibaki, for the first time in March 1981, at Hilton Hotel while in the company of his mother.
“Even when the time came for me to meet with him, even when he walked into the Amboseli Grill Foyer at Hilton hotel, I did not know he was my father, because he was someone I had known when I was growing up. He came and sat next to me. When orders were placed, my mother broke the news that Kibaki was my biological father,” Ocholla says adding that the former head of state was a close associate of his adopted father from their days at Makerere Univerisity, where they both schooled.
"He addressed me by name. Remember he was a close associate of my late adopted father, both having been students at Makerere. Indeed, it is in Uganda that he met my mother when she was visiting my adopted father, Ocholla. At one time, the two were even neighbours at Bahati estate in Nairobi.”
Ocholla claims to have met Kibaki severally after the meeting until 2002 when he became president. Apparently, he was blocked from seeing the president a couple of times.
During their meetings, the man who resembles Kibaki alleges, the country's third president assured him of a share of his property.
“I met with my father four times in Nyari office NO.7 and I had conversations with him. He assured me that I was going to get my share of what I am entitled to as his son; my inheritance. In that year, 2016, my father promised that by November 30, 2016, he would have given me a letter detailing all my entitlements. I trusted my father because I have always trusted him so I was confident that he would honour his word,” the court papers filed through Ocholla's lawyers, Omoke Morara and Peacela Atim read in part.
Since Kibaki's demise in April this year, the petition says, the family has frustrated his efforts to get a share of his wealth.
He now wants the court to order Kibaki’s children to begin the process of distributing his property without further delay.
“That the Citor has attempted to reach out to the Citees multiple times but his efforts have not been successful. The Citor is afraid that the Citees might proceed with the succession process without involving him and he might be left out of the estate of the deceased despite him being entitled to a share of the estate,” court documents adds.
Kibaki died at the age of 90.
He was married to the late Lucy Kibaki and the couple had four children together; Judy Kibaki, David Kagai, Jimmy Kibaki and Anthony Githinji.
Ocholla had earlier accused the family, led by Jimmy, of denying him a chance to pay his last respects to his late 'dad'.
