Couple loses bid to reinstate case against Saitoti widow
Mr Sebastian Ngunju and his wife Elizabeth Maina. The High Court has dismissed their application to set aside a consent which terminated a private prosecution case against Mrs Margaret Saitoti. PHOTO/FILE
What you need to know:
- The Judge ordered the couple to abide by a consent they entered
- The remedy for couple lies elsewhere and not in this court
The High Court has dismissed an application by a couple seeking to reinstate a case against the widow of the late Prof George Saitoti.
Justice Isaac Lenaola dismissed the case by the couple from Nakuru who claim that Saitoti’s adopted son Zachary Musengi is theirs.
The Judge ordered the couple to abide by a consent they entered where they agreed never to make such claims again or sue Mrs Margaret Saitoti.
“I am aware that this matter is emotive and both parties are undergoing deep emotional difficulties. However it is clear that to reopen the present case will not heal their emotional wounds,” said the Judge.
The Judge added: “The remedy for couple lies elsewhere and not in this court.”
The couple, Mr Sebastian Ngunju and his wife, Elizabeth Maina, had asked the High Court to set aside the consent which terminated a private prosecution case against Mrs Saitoti.
They alleged they were not consulted by their former advocate John Hari Gakinya before signing the consent between the Director of Public Prosecutions and the lawyer for Mrs Saitoti in July 2013.
The DPP had told Justice Lenaola that there was nothing to reinstate since the case was terminated with the consent of all the parties.
