The widow of former Vice-President George Saitoti is embroiled in a court dispute with a man claiming to be his son, who wants his remains exhumed for DNA testing to establish paternity.
Ms Margaret Wanjiku is opposing James Njage’s bid, arguing that the proposed exhumation would distress the family, may not yield useful DNA samples and is unjustified because he has not provided documentary evidence that he is Saitoti’s son.
Mr Njage seeks revocation of the grant, DNA testing through exhumation, recognition as a beneficiary and an account of the estate’s administration.
James Njage, who claims to be the biological son of former Internal Security Minister George Saitoti, during an interview at Loresho in Nairobi on June 20, 2026.
Photo credit: Wilfred Nyangaresi | Nation Media Group
But the widow says the estate was distributed according to Saitoti’s written wishes and that Mr Njage has provided no evidence establishing that he is his biological child.
Mr Njage argues he was excluded from succession proceedings while he was a minor living outside Kenya and wants the court to revoke the grant under which the estate was distributed.
He wants the court to reopen the succession case and obtain a detailed account of the former Vice-President’s estate.
He wants verified accounts of the estate’s income, expenditure, transfers, distributions, rental collections, investments, bank withdrawals and liabilities since the grant was confirmed.
Saitoti, a former Vice-President and Internal Security minister, died on June 10, 2012, when a police helicopter crashed in Kibiku Forest near Ngong.
A succession petition was filed in Nairobi in 2012, and notice was published in the Kenya Gazette on November 2 that year. His widow says no objection was lodged within the 30 days.
The High Court issued a grant of probate on December 4, 2012, and confirmed it on January 23, 2013. Ms Wanjiku says the estate was then distributed in accordance with the will.
A further application was made in 2019 under a family arrangement to transfer the family homestead to Saitoti’s surviving siblings because the graves of his parents were on the property. The certificate of confirmation was rectified on November 11, 2019.
Court papers show that he left a Will dated February 12, 2001 appointing Ms Wanjiku as the sole executor.
Mr Njage says he was never notified of the petition, confirmation summons or proposed distribution.
“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 said.
He argues that he was too young and lacked the means and opportunity to protect his alleged interest. He says no guardian or legal representative was appointed to act for him, and that the grant and its later rectification omitted a material fact: his claimed existence as Saitoti’s son.
But Ms Wanjiku disputes that account. In her replying affidavit, she says she had no knowledge of Mr Njage or his alleged relationship with her husband.
“I have no knowledge whatsoever of the applicant’s alleged relationship with Saitoti and am therefore unable to state that the applicant is a biological son of Saitoti, as alleged,” she states, adding that he must prove the claim.
Margaret Saitoti the wife of the late Internal Security Minister George Saitoti.
Photo credit: NMG
She also says the former Minister never recognized, maintained, supported or acknowledged Mr Njage during his lifetime. Her grounds of opposition say Mr Njage has not supplied a birth certificate, national identity card, passport or other documentation linking him to Saitoti.
She disputes his claim that he was a minor or outside the court’s jurisdiction when the grant was confirmed and says the application is excessively late.
“All information in connection with the estate of the Saitoti has been and still is easily accessible and available in the public domain, and the period of 14 years is a long time during which the applicant would have had numerous opportunities to put forth his claim, especially after attaining the age of 18 years. The applicant did nothing whatsoever because he had no legally recognizable right in any capacity whatsoever to make such a claim,” she argues.
The widow says the grant was not fraudulently obtained, no material facts were concealed and all information required by the court was supplied.
“The Grant was not fraudulently obtained and no material facts were concealed from the court in any respect whatsoever,” her grounds of opposition state. She says the assets have already been distributed to the lawful beneficiaries and asks the court to dismiss Njage’s application with costs.
Ms Wanjiku objects, saying exhumation would disturb her husband’s resting place, cause emotional distress to the family and may not yield useful results because the remains were burnt in the helicopter crash and buried in June 2012.
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
“Any exhumation will be a personal affront to the reputation of Saitoti, who was a well-respected and honored statesman and a senior Government official. Such an act will cause unwarranted trauma and mental torture for the family,” she states.
The estate was valued at Sh84.5 million for probate purposes in 2013, excluding unspecified cash balances in five bank accounts. Assets included land, houses, plots, vehicles and shares.
The case is scheduled for hearing on November 23, 2026.
