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Githinji Ngure & another v. Charles Wanjohi Wathuku

(2010) JELR 105471 (CA)

Court of Appeal  •  Civil Appeal (Application) 259 of 2002  •  10 Dec 2010  •  Kenya

Samuel Elikana Ondari Bosire, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu



This is an application dated 23rd November, 2007 based on Rules 29(b) 42(i)(2) and 43 of the Court of Appeal Rules, the Public Health Act and the Anatomy Act Chapters 242 and 249 respectively. It is principally an application for leave to take additional evidence relating to an intended DNA test.

The story behind this case is the stuff for novels. It is quite a thriller and at the same time it is a serious matter for determination. Those connected with the story and have since died could be turning in their graves in anticipation of the outcome and those living to a second coming so that the truth can declare itself. The appellant who claims to be the natural son of the deceased fought and lost to a brother and a cousin of his “father” a burial dispute or the right to bury his “father” in the Chief Magistrate’s court at Nyeri. He not only lost the burial right but was in prison cells during the day of the burial and as would be expected he claims not to know the bu…

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