14 November 2012

Kenya: Case Over Saitoti Son Put Off to Nov 27

Photo: Capital FM
Zachary Musengi, far right, stands next to his mother, Margaret, as they mourn the late George Saitoti.

Nairobi — The child theft case against the late Internal Security Minister George Saitoti's wife was on Wednesday deferred for two weeks to allow time to serve the respondents.

Nakuru Senior Principal Magistrate James Mwaniki ordered a Subukia family claiming to be the biological parents of Saitoti's only son, Zachary Musengi to serve the late Minister's wife, Margaret Saitoti.

The magistrate told Lawyer Hari Gakinya for the applicants to also serve the Director of Public Prosecutions as an interested party.

Sebastian Maina moved to court on Tuesday seeking leave to institute private prosecution against Saitoti for wrongfully concealing and confining an abducted or stolen person.

The charge sheet stated the she is charged that on or about August 31, 1988 she unlawfully concealed and kept Musengi knowing that he had been abducted from his parents in Subukia district.

The matter was set for mention on November 27 to assess the service progress.

Sebastian Ngunju Maina and his wife Elizabeth Njeri, a nurse, claim they are the biological parents of Zachary Musengi the 25-year-old adopted son of the late minister.

Maina said he identified Musengi during the televised State burial of the former Vice President.

In his sworn affidavit, Maina said his third born son in a family of five was kidnapped at their home in Subukia, Nakuru in 1987 only three days to his third birthday.

He narrated how he had been searching for his son for the past 21 years even to a point of pretending to be a mason and working at Saitoti's home in vain.

He said the woman who kidnapped his son was charged and acquitted prematurely after he was threatened and informed that his son had been taken by the then Vice President's family.

Maina said efforts to talk to the late Minister's wife and Musengi after seeing and recognising him on television has been fruitless.

He told the court that he wanted to privately prosecute Mrs Saitoti since the DPP had refused to reopen the case arguing that a person had been charged with the offence.

The 25-year-old adopted son of the late minister who had largely kept away from the public eye despite his father's high profile eulogised his father as the nation mourned the late minister who died in a plane crash in July.

During Saitoti's burial in June, Musengi, the only child of the late minister marshaled the courage to extol his late father as a man of great determination, fortitude and one who wanted to exceed his targets.

Saitoti's son expressed pride in a father he termed as his "legend and hero and who was the backbone and the strength of the family."

Zachary said that the helicopter crash robbed him of a loving father whom he thanked for ensuring he never lacked anything.

"On the fateful day of the accident, I lost my rock, my Goliath and my dad. As his son, my father gave me more than I could ever dream of... more than I could ever want. He gave me everything; he gave me his love," he stated.

"He was a man of such wonder that he gave the same that he gave to me and his family but also to thousands if not millions of people around the world," Zachary recalled.

Zack hailed his father as the pillar of his life and a great mentor who had played a great part in shaping the attitude and the life that he lives.

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