A man who has been claiming that the son of former Vice-President George Saitoti is his has lost a second round of court battle against his widow Margaret Saitoti.
After losing a similar case before the High Court, Sebastian Maina Ngunju, who accuses Saitoti’s wife of hiding a stolen child for over two decades, moved to the Family Court seeking a go-ahead to privately prosecute her.
In his suit, the teacher claimed that Zachary Musengi Saitoti, 37, was abducted by Mrs Saitoti on September 31, 1988.
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However, Family Court judge Asenath Ongeri dismissed Maina’s case and condemned him to pay Margaret costs saying he had filed a similar case before the High Court and it was dismissed.
Justice Ongeri termed Maina’s case as an abuse of court as the issue of Musengi’s parentage had already been settled by the court.
“The plaintiff (Maina) is out to ruin the life of the second defendant (Musengi) who is now an adult and no longer a child and who is legally able to give his input on the issue for determination. The plaintiff in the current suit is seeking to re-open the issue of seeking DNA,” ruled Justice Ongeri.
While disputing the claims, Saitoti’s widow replied that she and her late husband brought Zachary up since he was born and had never met Maina before.
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The dispute arises from the unsolved 1988 disappearance of Stephen Wachira, Maina’s son who was allegedly abducted from the family home in Kijabe Farm of Subukia on August 31, 1988, three weeks to his third birthday.
Justice Ongeri ruled that Maina’s case was filed out of malice.
