The late former Vice President and Internal Security Minister George Saitoti and his wife Margaret Saitoti are disturbed people.
7 years after he died in a plane crash in Kibiku area in Ngong, and was latter laid to rest in his Isinya Home in 2012; Saitoti is being made restless in his grave.
Despite the High Court dismissing the couple’s case against the Saitotis in May 2014 for lack of evidence and declaring that their “Son” is Saitoti’s, Sebastian Maina Ngoju is back in court –this time round, he is alone since his wife Elizabeth Njeri Maina has since died.
In a case filed in court, Ngoju wants the court to declare him the biological father of one Stephen Wachira alias Zachary Musengi Saitoti.
He also wants the court to order a DNA test of him, his “Son” Stephen Wachira alias Zachary Musengi Saitoti in order to establish paternity.
Ngoju wants the DNA test to be used as evidence in the case.
He also wants the Court to order Margaret Siatoti to return to him his “son” so that he can take him to his home in Subikia, Nakuru County.
“General damages for tortious interference. Punitive / aggravated damages for wrongfully concealing and keeping in confinement a kidnapped child.” Ngoju said in his affidavit.
In June 2019, the case had been filed in the civil division and certified as urgent.
However, it was transferred to the Family division as it concerns the issue of family matters.
The process server, Justus Sila Mutava served the petition at Saitoti’s residence in Lavington on Tuesday 20th August at 2.30 pm and was received by 2 armed AP officers.
He informed them of his purpose of the visit and they accepted and received the Petition.
The matter has a new HCCC No.10/19 high court family division.
This is the second time the Court Process Servers are visiting the residence without finding Margaret Saitoti.
The Court is on vacation and the matter shall be heard when the court resumes.
Margaret Saitoti has been summoned to appear in court within 15 days from the day of serving which was Tuesday 20th August 2029.
While dismissing Ngoju’s case in 2014, Justice Issac Lenaola upheld 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.