By Beauttah OmangaA Nakuru court has allowed a man claiming to be the biological father of marathon champion Samuel Wanjiru to undergo a DNA test.
The ruling came as the athlete’s mother Hannah Wanjiru filled another petition to stop the burial.
On Tuesday Justice Anyara Emukule gave orders that Elijah Chebon be issued with some of the samples already extracted from the body for the purpose of carrying out the DNA test.
Burial injuctionBut Justice Emukule declined to grant a burial injunction saying he saw the request for paternity tests as no grounds to stop Wanjiru’s burial.
Chebon through his lawyer had argued he had a right to be involved in the burial arrangements of his ‘son’ and to give him his last respects since he was denied that chance when Kamau was alive.
Chebon had sued the star’s mother and widow Trizah Njeri for allegedly denying him a chance to exercise his fatherly responsibility over his deceased son. He said he met Hannah in December 1985 while working in Nanyuki.
Mother’s contentionAnd after the ruling, Hannah moved to another court seeking to bar Njeri from burying Wanjiru on Saturday. But although Justice William Ouko certified the application as urgent, he referred the matter to Justice Emukule. "I certify the mater urgent but advise that you appear before Justice Emukule at 9am tomorrow (today) for any directions," ruled Justice Ouko.
Wanjiru’s mother through lawyer Gordon Ogolla argues doctors who carried out a post-mortem examination on the body of her son were of the view that her son was killed.
"The discovery that he did not die as a result of a fall points to the fact that he was murdered and the questions that needs to be dealt with are who murdered him?’ read the plaint.
Hannah argues she has since the death of her son and outcome of the post-mortem examination discovered ‘important evidence’, which was not within her knowledge when the orders of May 19, were discharged.
She argues that the discovery of her evidence complicates the relationship between her and Wanjiru’s wife. She says that last Saturday there was a fracas between her, family and friends and Njeri that resulted in several people being injured.
"I have been informed by the police department that investigations are underway to reveal the perpetrators of the events that led to the death and I believe his spirit will never rest if he were to be buried before his killers are known," she said in her application.
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