A woman who claims to be the widow of the late Nakuru tycoon Washington Olweny now risks jail time over contempt of court in a Ksh.200 million estate battle after ignoring orders to take a DNA test. 

The woman identified as Norah Atieno is reported to have refused to undergo DNA testing as per three orders by Justice Teresia Matheka to prove that she is indeed the mother to her son, John Odhiambo who she allegedly sired with the late tycoon.

This prompted the deceased’s first widow, Phelisia Akoth, and her sons Edwin Otieno and Timothy Ochieng through their lawyer  Wilfred Lusi to file applications of contempt of court for her disregard of the court orders and absentia to take the test.

Further, they want the court to find her guilty and sentence her to a custodial sentence of more than a year or pay a fine of Ksh.2 million.

Atieno is said to have skipped without reason three appointments at the government chemist laboratory in Nairobi to give a genetic sample for DNA profiling scheduled for August 16, 2021, August 20, 2021, and November 15, 2021, despite her assuring the court that she would.

“Despite the objector agreeing to give samples for DNA testing, she has declined to comply with the orders on numerous occasions,” lawyer Lusi stated in the application.

Lusi also stated that Akoth in one instance, went out of her way to aid in Atieno's attendance, even sending her Kshs 10,000  through her lawyer Yoni Aim and she promised that she would avail herself for the testing only for her to miss the appointments.

Lawyer Aim on his part defended his client claiming that she was uncomfortable with the media presence that would be at the laboratories.

“Contrary to the court order that allowed four people at the lab, the media was there and other strangers, making it uncomfortable for Atieno,” the lawyer stated.

Akoth who first filed the succession suit in 2017, is intent on barring Akoth from accessing the late tycoon's estate, especially with her recent disregard of the orders which she stated has antagonized the proceedings and interfered with the succession.

The court will hear the case on June 9, 2022.