Court allows KEPSHA boss Johnson Nzioka’s burial, orders DNA test

The court has ordered Lee Funeral Home to release the body to the family after collecting DNA samples.

This ruling allows the burial to take place as planned on February 28, 2025, at his rural home in Machakos County. 

The court noted that the petitioner did not prove her case or provide evidence of financial transactions indicating that the deceased was supporting her.

The burial was temporarily halted after a woman went to court and claimed Nzioka was her father. 

In court documents, the woman stated that her mother married the deceased through Kamba customary marriage.

Following their marriage, they allegedly established their matrimonial home in Thika, where they resided for about eight years.

She claimed to have been born in 1997, and despite her parents' separation in 1999, Nzioka continued to financially and emotionally support her until his death.

According to court documents, the plaintiff's father was killed in an accident on February 16, 2025, and his body was preserved at Lee Funeral Home in Nairobi.

The woman stated that she was shocked to learn that her father's burial had been scheduled without her knowledge, and that she had been denied the opportunity to participate in the burial arrangements or read her tribute during the service.

She had also sought a DNA test to be conducted at a government chemist under the supervision of representatives from both sides.

The family, however, denied her status as Nzioka's daughter and claimed she had no right to attend the burial. The defendants stated they were not opposed to her attending the burial but objected to postponing it, citing logistical challenges and financial implications.

“If the burial is postponed, it will inconvenience family members and delegates who are set to attend. Moreover, she has not provided any official documents, such as a birth certificate, to prove she is the deceased’s daughter,” argued lawyer Duncan Otieno on behalf of the defendants.

The woman also stated that she had made multiple attempts to engage with the burial committee to resolve the matter amicably, believing that dialogue would be the best solution. However, the defendant allegedly remained uncooperative.