The court on Wednesday directed that DNA test be done to establish whether two minors alleged to have been fathered by ODM leader Raila Odinga's late son, Fidel, were his.
Raila's family is caught up in a tussle with Fidel's widow, Lwam Bekele over the administration of his estate.
In the court papers, Raila's wife, Ida and his daughter, Winnie, gave several reasons Lwam should not be allowed to be the administrator of Fidel’s estate.
Ida and Winnie said Fidel had twins with a different woman – a girl and a boy – who are legally also his dependents.
“The petitioner has deliberately failed to include and provide or otherwise show the intention of providing for the said minors hence a red flag on her intentions,” Ida said.
Bekelle through her lawyers had termed her mother-in-law's assertions as a concoction of facts given that the said twins were born six months after Fidel's death.
However, Lwam on Wednesday said she does not have a problem accepting the minors as beneficiaries of her late husband's estate if it is proved they are his children.
The court declined to bar the media from covering the case, saying once the matter is filed in open court, it has right to access, but directed that the children's names should not be mentioned to protect them.
The lawyers from both sides will agree on where the DNA will be conducted.
Judge Aggrey Muchelule asked the parties to cooperate for extracting of tissue or blood samples for purposes of DNA.
The case will be mentioned on November 13.
