In re Estate of John Maritim Soi (Deceased) (Succession Cause E059 of 2022) [2025] KEHC 14711 (KLR) (22 October 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14711
- Citation
- [2025] KEHC 14711 (KLR)
- Decided
- 22 October 2025
Summary at a glance
TypeSuccessionPostureApplication for DNA test dismissedCoramJK NG'ARNG'AR
The Notice of Motion Application is dismissed as there are no exceptional circumstances warranting the extraction of the deceased's DNA sample.
Facts
The deceased, John Maritim Soi, died in 1995. The 1st and 2nd objectors are his children, while the 3rd objector is his sister. The 1st objector is the deceased's widow. The applicant seeks a DNA test to establish paternity.
Issues
- Whether to order a DNA test to establish paternity
- Whether the court has discretion to order DNA testing
Reasoning
The court held that the DNA test is a drastic order and the deceased died over 30 years ago, making it unlikely to generate reliable DNA profiles. The court also noted the high cost and psychological trauma associated with such an order.
Outcome
Application dismissed
Authorities cited
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