The burial of Kenya Primary Schools Heads Association (KEPSHA) chairman Johnson Matheka Nzioka has been halted following a court order after a woman claiming to be his daughter sought a DNA test to confirm paternity.
The woman, who moved to court on Monday, alleges that she is the biological daughter of the deceased and was excluded from burial arrangements despite her efforts to engage with the family. In her court documents, she states that her mother was married to Nzioka through Kamba customary law and that they lived together in Thika for eight years before separating in 1999. She claims to have been born in 1997 and asserts that despite their separation, Nzioka continued to support her emotionally and financially until his passing.
Nzioka died in a road accident on February 16, 2025, and his body is currently preserved at Lee Funeral Home in Nairobi. The plaintiff stated in court that she was shocked to learn that his burial had been scheduled for February 28, 2025, at his rural home in Machakos County without her knowledge or involvement.
She further claims that her requests to participate in burial arrangements and read her tribute during the funeral service were denied by the family. Seeking justice, she has requested the court to order a DNA test to be conducted at a government chemist under the supervision of both parties.
The defendants, representing Nzioka’s family, have denied the woman’s claims and argued that she has no legal right to interfere with the burial. Through their lawyer, Duncan Otieno, the family stated that they do not oppose her attendance at the funeral but strongly object to postponing it. They cited logistical and financial constraints, arguing that rescheduling the burial would inconvenience mourners and dignitaries set to attend.
Additionally, they questioned the woman’s claims, stating that she had not provided any legal documentation, such as a birth certificate, to prove she was Nzioka’s daughter.
The plaintiff, however, maintains that she has attempted to engage the burial committee to resolve the matter amicably but was met with resistance. With no alternative, she turned to legal intervention.
The court has now halted the burial until further directives are issued regarding the DNA test request. The case remains in court as both parties await a ruling on the next steps.
