Court bars couple from claiming late Saitoti’s son

NAIROBI, KENYA: The High Court has ruled that a Nakuru couple cannot claim the son of the late Internal Security Minister George Saitoti as their lost child.

Justice Isaac Lenaola on Friday stated that Sebastian Maina Nguju and his wife had not presented any evidence in court to suggest that Zachary Musengi is their son.

The court noted that Nguju’s lawyer admitted that his client knew and knows that he has no evidence that Margaret Saitoti kidnapped his son and the proceedings were filed to put pressure on Margaret for possible financial settlement and benefit.

The couple had asked the court to set aside a consent they entered with Margaret to never make claims to being Zachary’s parents.

But Lenaola ruled that there is no law or in fact to reinstate a petition to hearing because the petition filed by Nguju is weak and falls outside the principles for setting aside a consent judgment.

“Iam aware that this matter is emotive and both the Saitoti’s and the Nakuru couple are undergoing deep emotional difficulties as a result of it.However,it is clear to me that to re-open either the present petition would not heal their emotional wound, “said Lenaola.

The judge advised the couple that their remedy and therapy lies elsewhere and they must all be candidly told so.

The court also relied on the Director of Public Prosecution report who investigated allegations made by the couple that the evidence adduced by witnesses proved beyond reasonable doubt that Zachary is not Stephen Wachira Maina.

The DPP also found out that the Subukia family had a son namely Stephen Wachira born on September 21,1985 at Subukia Health Center and went missing on August 31, 1988 and has not been traced to date.

The report filed in court further stated that Zachary’s ‘parents’ are the late Saitoti and Margaret and he was born on September 8, 1983 at park road nursing home.

The judge noted that the DPP found out that the investigating team did not establish any evidence from Subukia family that justified them to single out Zachary as their lost son.

In the consent entered by Margaret’s lawyer Fred Ngatia and the couples lawyer Hari Gakinya on July 8 last year, Ngunju and his wife consented to never make claims to being parents to Zachary.

They also agreed to either by themselves or through nominees, emissaries, surrogates, family members or whomever from contacting Margaret Saitoti whether directly or indirectly claiming that Zachary is their son.

Ngunju also agreed to withdraw a criminal case seeking permission to institute private prosecution against Margaret accusing her of kidnapping his son over two decades.

The consent also directs the Director of Public Prosecution or any other court subordinate to the High Court not to entertain or allow its process be used by any other person to file any private prosecution against Saitoti’s widow in relation to the paternity of Zachary.