A man who claims to be the biological father of Prof George Saitoti’s only son has resurfaced seeking a DNA test to prove the paternity of Zachary Musengi Saitoti.
Sebastian Maina Ngunju has been in and out of court over the parentage of Stephen Wachira alias Musengi. In 2013, the dispute was marked as settled after Ngunju and his wife agreed to never lay claim over Musengi.
The consent read, “An order of prohibition is issued to permanently bar the couple or their family members from contacting Musengi or Margaret Saitoti directly or indirectly in respect of the allegations that they are the parents of Zachary.”
But in the fresh documents filed in court, Ngunju through Victor Wesonga advocates says the consent is unlawful as it was entered without his authority and knowledge. They challenged the consent and also appealed unsuccessfully against it.
Ngunju maintains he is the biological father of one Stephen Wachira who is now under the custody and care of Margaret Saitoti allegedly under a different name of Zachary Saitoti.
“I have undergone untold suffering and agony. The ripple effect has also been experienced with other members of my family,” read part of the court documents.
He says his claim to paternity is sound and made from well-founded facts based on investigations by police officers. He claims that Margaret has three sons all of whom bear the name Zachary Musengi and all of whom have been brought up by her though not her biological children.
“I have learnt from the police and private investigations that the defendant kidnapped and abducted one Stephen Wachira alias Musengi who is currently under the acre and custody of Margaret. She continues to lay parental claim over my son,” says Ngunju.
Ngunju avers that in order to lay the matter to rest, a DNA should be conducted. The DNA he says will aid court in reaching the final truth and in making a justiciable verdict on the paternity of Stephen wachira alias Zachary beyond any reasonable doubt.
“This case is the only remaining legal avenue available to me to access my son after the previous legal and out of court process attempts to settle the matter was thwarted by Margaret’s interference calculated at denying me and my family access to justice,” he says
Ngunju wants court to declare that he is the biological father of Musengi. Also sought is an order that they all be subjected to a DNA test to prove biological paternity and that the results be later forwarded to court as evidence.
In the alternative, an order of unlimited and unrestricted right of access to one Stephen alias Zachary by issued to Ngunju.
According to the court documents, on or about 21 September 1985, Ngunju’s now deceased wife, Elizabeth Njeri Maina gave birth to their third born son whom they named Stepehen Wachira. Ngunju says they undertook their parental duty towards their son and were diligent in his upbringing until on or about 31 August 1988 in the evening when Wachira got lost from their subukia home located in Subukia trading center while aged 3 years.
After the loss, Ngunju and his wife immediately embarked on a painful and gnawing process of searching for his son. Around September 1988, the matter was reported to subukia police station where Ngunju recorded a statement and upon which investigations commenced.
The matter was investigated by one Cpl Mathenge and PC Alice Kagunda where a suspect, Mary Wambui was arrested and confessed to the stealing of the child and handing him over to PC Hassan Dadasha. The said PC Dadasha was later transferred to Kaiado police station and subsequently mysteriously died in a road accident while coming from court during one of the many hearings related to the abduction.
Ngunju claims that the kidnapping scheme was put into motion by Margaret.
