The Chief Magistrates Court in Mukono has ordered controversial lawyer, Male Mabirizi and his siblings to undergo a DNA paternity test in order to ascertain whether they belong to the same father.
The same order will also see Mabirizi also subjected to a DNA test.
“For the above reasons therefore, a DNA relationship test shall be conducted on all those presumed to be the children of the late Mohamed Bazindule Lulibedda Mutumba at the expense of the state,” Mukono grade one magistrate, Paul Matyama ruled.
Last month, the Chief Magistrates Court in Mengo ruled that the last funeral rites for Mutumba organized by family members led by one of his sons, Pastor Moses Male in the absence of Mabirizi who was by then in prison were null and void.
This came after Mabirizi challenged the occupation of some of his late father’s property by his mistress, Nalutaaya Stella that the lawyer said belonged to him.
Court ruled that it was wrong for the family members to hold last funeral rites in which they distributed Mutumba’s property in Mabirizi’a absence, an act the chief magistrate described as being contempt of court aimed at altering the status quo to render the lawyer’s earlier application empty.
DNA test
Basing on the ruling by the Chief Magistrates Court in Mengo, Mabirizi filed an application in Mukono seeking an exhumation order for the remains of his late father Mohamed Mutumba buried on June, 21, 2022 at Ndese village, Ndese town, Seeta Namuganga sub-county in Mukono district.
The exhumation would allow part of the skeleton from the remains of Mabirizi’s father be used to make a DNA test against all his siblings to ascertain their relationship with his late father.
This came after in some of the documents, Mabirizi’s siblings told court that he is not a biological son to Mutumba and consequently the lawyer challenged a will in which he was not mentioned as son to the deceased.
In documents filed before court, Mabirizi also cast doubt on whether his purported siblings are children to his late dad , prompting him to file an application seeking to have a DNA test.
In his ruling, Mukono grade one magistrate, Paul Matyama explained that in the will presented to court , Mabirizi was not mentioned as one of the biological children to Mohamed Mutumba whom he claims to be his father.
The magistrate said that it is the duty of court to help put this issue to rest by ordering a DNA test.
“Therefore, what is important in the instant case is to establish the relation of all children presumed to be of the late Mohamed Bazindule Lulibedda Mutumba. This can be done through a DNA relationship test which will establish the degree of relationship between all the children. I am confident that this process shall be sufficient to determine the children of the late Mohamed Bazindule Lulibedda Mutumba,” Matyama ruled.
The magistrate however noted that there is no need to exhume the deceased’s body but rather DNA tests on all those purported to be his children, including Mabirizi to see whether their DNAs match.
