Sebastatian Maina Ngunju and his wife Elizabeth Maina who are alleging that Margrate W. Saitoti the wife of the late former Internal Security minister Professor George Saitoti stole their son.
BY SAM ALFAN
The Nakuru couple claiming to be the parents of Zachary Musengi Saitoti, have filed a fresh application seeking to reinstate a private prosecution against the wife of former Internal Security minister Professor George Saitoti.now deceased
Mr Sebastatian Maina Ngunju told Justice Isaac Lenaola, that the purported consent that was recorded by his previous lawyer and Margrate W. Saitoti was entered without his knowledge and understanding
The consent order appeared to have terminated the proceedings he and his wife had filed in Nakuru seeking to subject Saitoti’s wife into criminal prosecution for allegedly stealing their son.
The court heard that Mr Ngunju was not supplied with information by previous advocate Hari Gakinya over the consent to have the private prosecution withdrawn.
The applicant through lawyer Laban Osoro, told the judge that court should order for the consent to be set aside, saying that the position of the matter has been fraudulently misrepresented by his previous advocate.
“The said consent order ought to be reviewed and the process of its execution stayed and if so executed set side” the court heard.
Mr Osoro told the court that the previous advocated having not informed his client over the recording of the consent, there can never be a proper consent order that can relied by the court to have the matter settled.
There is no one time my client, held discussion with Saitoti family over the settlement of the matter and the withdraw of the private prosecution.
The couple last year filed the case in a Nakuru court claiming that Zachary was their son and wanted to prosecute Mrs Saitoti for keeping their son allegedly stolen from their Subukia home in 24 years ago.
They had claimed Zachary was born Stephen Wachira and was kidnapped when he was three years old by a woman who was arrested but then acquitted by a Nairobi court.
The dispute arose after the couple saw Zachary on TV during the burial of his father George Saitoti who died in a helicopter clash.