Musician fights for Eldoret farmer's wealth in inheritance row

Eldoret-based gospel musician Alex Fernandes is fighting at the High Court to have the body of a prominent farmer exhumed for DNA tests to prove that the deceased was his biological father.

Fernandes, who is popularly known by his stage name King Clan B, moved to court seeking the DNA test after the family of the deceased rejected his request to be considered in the succession dispute over assets, especially land located on the outskirts of Eldoret.

Michael Kebenei, a prominent farmer in Uasin Gishu county, died in 2002.

The disputed property in Kapseret, Uasin Gishu county, measures 40 acres and is valued at more than Sh100 million.

The musician, represented by lawyer Emmanuel Kipkurui, argues that it was a known fact that he was a son to the deceased. 

“The deceased was my biological father, I was only 16 years and efforts to get a share of the estate as his son have been thwarted by my step-mother who has termed claims that I am a stranger to the family,” Fernandes said through his sworn affidavit in court.

He has made an application to adjourn the ruling on the main succession suit until the DNA application is heard and determined.

The matter on DNA will be mentioned on May 2 before Justice Robert Wananda who is handling the case. He said he would give further directions on the application before concluding the main succession suit.

The musician argued that if the succession matter which has been in court for more than three years is determined before the outcome of the DNA, he will suffer prejudice.

In the succession court case No 387 of 2012, Lilian Kebenei is listed as the first respondent and Justine Kipleting as the second respondent.

In their reply affidavit, Kebenei has vehemently denied having known Jennifer Lwenda (deceased), who was mother to the Fernandes.

Kebenei, together with her son Justin Kipleting, are administrators of the estate in dispute.

In her defence, she said the deceased had already subdivided his estate to all beneficiaries who have already registered their shares in their names.

The application by Fernandes, she said, lacks merit and wants the court to dismiss it with costs.

Kebenei has objected to the application for DNA claiming that if there was a need for the same, it could have been done at the onset of the case.

“The applicant should not be allowed to disturb the dead. I wondered why it took the objector 18 years after the death of the deceased to come up with such a claim,” she said. 

Fernandes's application has sparked anxiety in the Kebenei family who claim the move is meant to disturb the deceased's spirit. 

Cases of DNA tests have become normal in property disputes countrywide.

Available studies show that whether legally or illegally, exhumation remains a taboo, in most communities because many religions and traditions forbid the practice.

Most tribes believe that moving a person’s remains can unsettle their spirit.