The hearing of a case filed by a man claiming to be a son of former Vice President George Saitoti and seeking a share of his estate has been pushed to next month.
The High Court set October 21 as the hearing date for the application by James Njage, who wants to be recognised as a beneficiary of the late politician’s estate. The matter had initially been scheduled for hearing on Thursday.
In documents filed under a certificate of urgency, Mr Njage claims he is a son of Prof Saitoti, who served as Vice-President and Internal Security minister in President Daniel arap Moi’s government.
He says his delay in challenging the administration of the estate was not deliberate, arguing that he was a minor and living outside the country when the grant was confirmed in favour of the widow, Margaret Wanjiku Saitoti.
“I have never been involved in any proceedings concerning the administration of my father’s estate, nor have I received any information, accounts or assets from his estate since his demise,” he states in court papers.
Mr Njage says he was never notified of the succession proceedings and did not participate in the process that led to the distribution of the estate.
He also says no guardian or legal representative was appointed to protect his interests while he was still a minor.
Prof Saitoti died in a helicopter crash on June 10, 2012, in the Kibiko area of Ngong Forest while travelling to a fundraiser in Ndhiwa, Homa Bay County. Also killed were his assistant Orwa Ojode, two pilots and two bodyguards.
Then-Internal Security Minister George Saitoti during a presentation to the Constitutional Implementation Oversight Committee on President Mwai Kibaki’s stand on the appointment of the 47 County Commissioners at County Hall on May 29, 2012.
Photo credit: File | Nation Media Group
Following his death, the estate comprising land, residential properties, shares and cash was distributed between his widow Margaret and son Zachary Musengi.
Mr Njage now argues that the grant and the certificate confirming distribution of the estate, including a rectified certificate issued on November 11, 2019, were obtained without disclosing his existence or providing for him as a beneficiary.
He terms the omission a material non-disclosure, saying the existence of a child of the deceased was a fundamental fact that should have been placed before the court before the estate was distributed.
Mr Njage has also indicated that he will seek orders allowing the exhumation of Prof Saitoti’s remains for DNA testing to establish whether he is the deceased’s biological son.
“The prayer for exhumation is necessary, proportionate and in the interests of justice, as it goes to the root of the objector/applicant’s status, standing and entitlement in the estate,” he says.
If the request is allowed, he proposes that DNA samples be analysed by the government pathologist and two independent private pathologists, one appointed by him and the other by the widow.
Through Murage Juma & Company Advocates, Mr Njage maintains that his exclusion from the estate was unlawful and prejudicial.
“At the time the grant was issued, confirmed and rectified, I was a minor and therefore lacked the legal capacity, means, knowledge and opportunity to object to or participate in the succession proceedings,” he states.
James Njage (left), who claims to be the biological son of former Internal Security Minister George Saitoti, with his lawyer Joseph Murage, during an interview in Nairobi on June 20, 2026.
Photo credit: Wilfred Nyangaresi | Nation Media Group
According to Mr Njage, he was never served with the petition for the grant, the summons for confirmation or the proposed mode of distribution.
Consequently, he says, he had no opportunity to participate in the proceedings, challenge the distribution or protect his alleged interest in the estate.
He further claims the grant is defective because it was obtained through the concealment of material facts relating to his status and beneficial interest as a son of the deceased.
Mr Njage is seeking orders suspending the implementation of the grant pending the determination of his application to revoke it. He also wants the administrators compelled to provide a full and verified account of the estate from the date the grant was confirmed.
The accounts sought include details of all income, expenditure, transfers, distributions, rent collections, investments, bank withdrawals and liabilities linked to the estate.
He says he fears estate assets may already have been distributed or otherwise dealt with without his knowledge, participation or consent.
