A woman has filed a paternity case against the late Makueni Senator Mutula Kilonzo and wants tests conducted to determine if he is the father of her seven-year-old son.
Ms Eunice Nthenya, 23, had initially wanted the Senatorâ€™s burial, scheduled for Thursday, stopped until a DNA sample is obtained.
But a family pathologist said there was enough material already with doctors for such a test to be conducted, if needed.
In papers filed in court, Ms Nthenya claims she had a three-year affair with Mr Kilonzo between 2005 to 2008 resulting in the childâ€™s birth.
She claims to be the daughter of one of Mr Kilonzoâ€™s workers.
Ms Nthenya wants the paternity of her son ascertained saying she fears the child may be blocked from inheriting a share of the top lawyerâ€™s multi-million shilling estate.
A doctor who performed an autopsy on the late Senator said in an affidavit that samples were retained and were available for medical tests and â€œany other tests required or requested forâ€.
Fida reportedly wrote to Mr Kilonzoâ€™s wife Nduku on May 3 offering confidential mediation but she allegedly did not reply.
Fida subsequently moved to court on a certificate of urgency.
Ms Nthenya, in her affidavit, said she was the daughter of Mr Robert Kavita Malinda, the late politicianâ€™s herdsman of 12 years who served him until October last year.
She asserts during her alleged relationship with Mr Kilonzo, a child was born on May 5, 2006 in Makueni.
â€œThe deceased maintained the minor child herein from his birth until his demise on April 27, 2013,â€ the affidavit read in part.
The plaintiff argued a DNA test needed to be conducted quickly before Mr Kilonzo is buried to enable the paternity be determined and the minor included as a beneficiary of the deceasedâ€™s estate.
She was apprehensive the late Senatorâ€™s family may not recognise the minor as a heir to his alleged fatherâ€™s wealth.
â€œI am the biological mother of the minor aforesaid therefore I am well versed with the facts of this case…â€ Ms Nthenyaâ€™s affidavit said.
â€œI had a relationship with the deceased honourable Mutula Kilonzo between the year 2005 and 2008 which resulted into a minor now aged seven.â€
Annexed in the court papers was a copy of the notification of birth in respect of the minor and a letter addressed to the late Senatorâ€™s widow.
Ms Nthenya claims Mr Kilonzo paid the maternity bill of Sh4,000 in cash when the baby was born.