A Nairobi court on Thursday, February 27, 2025, ordered that the burial of the late Kenya Primary Schools Head Teachers Association (KEPSHA) boss, Johnson Nzioka, proceed as scheduled on Friday, February 28, 2025.
Delivering his ruling on the matter, Magistrate Festus Terer stated that the plaintiff did not attach any evidence to prove that Nzioka was her father and that he supported her while alive.
Terer said that the plaintiff did not produce a National Identity card (ID) or a birth certificate to support her claim nor produced any evidence to claim that the deceased supported her financially and any conversations if any existed between them.
“She is an adult and most probably has a phone, she has not produced any financial transaction between herself and the deceased,” Magistrate Terer ruled.
Terer said that in the absence of any evidence the plaintiff did not give enough grounds for the court to warrant a temporal induction.
Further, Terer ordered DNA samples be taken from the deceased in the presence of the plaintiff and defendant and preserved for analysis.
“The interested party Lee Funeral Home to release the body of the deceased to the defendant upon his DNA samples taken in the presence of the plaintiff and the defendant and preserved pending when they will be presented for analysis,” Magistrate Terer ruled.
Catherine Ndanu moved to court on Tuesday, February 25, 2025, seeking an order to stop the burial, claiming to be Nzioka’s daughter.
Through her lawyer Muturi Andrew, Ndanu said that she was sidelined from the burial arrangements thus moving to court seeking to be involved in the burial arrangements and the burial ceremony.
“My client’s wish is to participate in the said burial arrangement and the burial ceremony that is scheduled tomorrow and to be allowed to read her tribute to her father during the burial ceremony,” lawyer Muturi told the court.
Muturi added that they are ready for a DNA test to determine whether the plaintiff is the deceased’s child.
However, Muturi said that they want the DNA to be contacted in a government laboratory under the supervision of a representative from the plaintiff and defendant side.
“Your honour we are manageable to adhere to DNA test to be contacted to both the plaintiff and the deceased, however, we will be praying the same be contacted in a government lab either KEMRI or a government chemist,” Muturi told the court.
Meanwhile, Duncan Otieno, representing the defendant, Ruth Kyengo – Nzioka’s wife – told the court that halting the burial would be difficult since preparations were already underway.
“Some of the activities already started like viewing of the body and the delegates from all over the country arrived and some headed to Machakos County where the burial is intended to happen,” lawyer Otieno told the court.
Otieno told the court that it was impossible to recall the program that was prepared for a week and some of the activities were already on.
Additionally, he said that the postponement of the burial would affect not only the family members but also the delegates who already travelled for the ceremony.
He also asked the court to consider the cost implication of preserving the body at the funeral home and the already incurred expenses in preparing the burial ceremony.
Otieno urged the court to vacate the orders for the funeral ceremony to proceed.
According to court papers, Nzioka is said to have married the plaintiff’s mother Ann Mule in the year 1991 through Kamba customary marriage and upon marriage, they established their matrimonial home in Thika town where they lived for around eight years.
It is out of that marriage that Catherine Ndanu, the Plaintiff, was born on August 24, 1997, and in the year 1999, the plaintiff’s father the late Nzioka separated from the plaintiff’s mother.
However, the late Nzioka was present in his daughter’s life and continued supporting her and the mother both financially and morally until his demise.
The court papers also state that it was after the said separation that the deceased married the defendant who is the current wife Ruth Kyengo.
The matter will be mentioned on March 4, 2025.