The High Court has declined to stop William Ntimama's burial for a man claiming to be his son to carry out DNA testing.
Justice Joseph Onguto said George Njoroge should have done the tests before the former Heritage minster died.
The judge also said he was not convinced the orders Njoroge sought were urgent enough to warrant the court's interference with the burial set for September 14.
"Whatever the petition wants can be obtained even after the funeral. I do not see any urgency in this matter," the judge ruled on Friday.
The 60-year old businessman moved to the court to stop Ntimama's burial saying he wanted to be recognised as his son.
Read:
Asked why he waited 60 years to act, Njoroge said he and the late minister had a relationship and that he did not have reason to sue him over parental responsibilities.
Njoroge claimed in his petition that his mother Rebecca Ngibia's relationship with the late politician resulted in his birth in 1956. The woman is deceased.
He said Ntimama never married his mother and that she raised him as a single parent.
He had accused Ntimama's family of failing to recognise him and not involving him in the funeral arrangements.
Njoroge wants to extract a tissue specimen from the deceased's body to enable him conduct a DNA test to affirm his claims.
He further wants the court to issue temporary injunctions stopping Kilimani local chief from issuing a burial permit and Lee funeral home from releasing the body for burial.
The case will be heard on October 25.
