Woman seeking to inherit father's estate receives DNA shocker

for Tv47 Digital May 23, 2023, 04:34 PM

In Summary

  • The test gave a 32.7 percent chance result that neither established nor excluded paternity.
  • Hence, limiting the court from determining whether or not the deceased is her father. 

A woman fighting for a share of her deceased father's estate has received a rude shock after a DNA test failed to establish her paternity.

The test gave a 32.7 percent chance result that neither established nor excluded paternity. Hence, limiting the court from determining whether or not the deceased is her father. 

The DNA samples had been taken from the siblings of the deceased. The result of the test was that the chance of the two siblings being the paternal uncle and aunt of the woman was 32.7 percent, while the chances of them not being related were two times higher. 

High Court Judge Gregory Mutai said that due to the ambiguity of the DNA results the court cannot make a final decision on whether to revoke the grant awarded to the woman.

"From the foregoing, it is clear that the results of the DNA test, had they been conclusive, would have been conclusive," noted Judge Mutai.

The judge continued to explain if it is established that the woman is not the deceased daughter, then she would have no claim to the estate unless she has substantial evidence that she had been adopted by the deceased.

The deceased died in 2020 and there was a dispute over his estate between the woman and the deceased's siblings, who objected to her being a beneficiary.

Another DNA test

Both parties filed separate applications for the grant of representation in respect of the deceased's estate, both of which had Grant of Letters or Letters of Administration Intestate.

The siblings argued that the woman in question was not known to the deceased's family and that the deceased had only five dependants, which the woman had failed to disclose in her application.

The court agreed to a proposal for a second set of DNA tests with close family members in order to obtain conclusive results. 

The second test will be conducted at the Kenya Medical Research Institute (KEMRI) laboratories in Nairobi then the results will be presented to the court in June.









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