Sebastian Ngunju, a teacher and his wife, have claimed in court Mr Musengi is their long lost biological son, Stephen Wachira, who was kidnapped at age 4, but Saitoti’s wife, Margaret, has refuted the claims.
Director of Public Prosecutions Keriako Tobiko forwarded the file to Police Commissioner Mathew Iteere, asking him to probe the kidnapping claim.
The late Internal Security minister died in helicopter crash and an inquiry into his death and five others is ongoing. Tobiko in a letter dated November 21, and submitted in court Wednesday, instructed police to conduct a 30-day probe into the kidnapping allegations by Mr Ngunju and submit the report to his office for appropriate orders and directions.
Through State Counsel Warui Mungai, Tobiko said the gravity of the allegations could not be overemphasised.
“Prompt, thorough, and speedy investigations are required to establish their veracity (of the claims) or otherwise,” said Tobiko.
“This is to direct you pursuant to Article 157(4) of the Constitution to cause a speedy and thorough investigation to be carried into the said incident and have your report thereon submitted to me within 30 days for appropriate action,” he noted.
Warui told the court investigations would unearth the circumstances of the disappearance of the child, and establish whether the claims and counter-claims are true or false.
As standard procedure, investigators will have to go to court and get authority to seek DNA samples from the Ngunju family and Musengi.
They will also be required to record statements from and question Mrs Saitoti, Ngunju, and his wife.
Investigators will also have to study hospital records where Musengi was allegedly born.
They will also visit the schools he attended, and interview his former classmates and teachers.
Also to be interviewed are neighbours of the Ngunju and Saitoti families.
The Ngunju family wants Margaret Saitoti charged for allegedly wrongfully keeping and confining a kidnapped person contrary to Section 201 of the Penal Code.
Ngunju wants court orders to institute a private prosecution against Margaret Saitoti.
The particulars on the draft charge sheet allege that on or about August 31, 1988, she unlawfully concealed and kept Musengi despite knowing he had been abducted from his parents within Subukia District 24 years ago at their home.
However, Musengi and Margaret, through their lawyer Fred Ngatia, have moved to the High Court to counter the suit.
They have sued the DPP and Chief Magistrate’s Court, Nakuru, while Ngunju has been listed as an interested party.
In the petition Musengi and Margaret want the court to bar Ngunju from instituting private criminal proceedings against the late minister’s widow.
They also want the court to permanently restrain Ngunju, whether by himself, agents, nominees, family or emissaries from contacting Musengi or his mother.
The petitioners (Musengi and his mother) want investigations carried out regarding the claims and prosecution commenced against Ngunju if his allegations are false.
In sworn affidavits Musengi and his mother have spoken of how the family has faced challenges including efforts to extort money, threats on their lives, blackmail, and attempts to kill the late Cabinet minister.
In strongly worded statements, Musengi and his mother dismissed the claims by Ngunju as false, terming the suit filed as having an ulterior motive and a concealed effort to profit from Saitoti’s death.
Musengi, who is at the centre of the dispute, explained that following the death of his father he had received a letter dated July 18, from Hari Gakinya and Company Advocates, which had invited him to meet a group of people from Subukia who were not known to him.
UNKNOWN PEOPLE
“The letter, which I concluded to have been written on the instructions of fraudsters, pranksters or an extremely insensitive person, invited me to meet with a group of people unknown to me in Subukia who were claiming to be my parents,” he said.
On her part, Saitoti’s widow dismissed the claims by Ngunju that Musengi had been kidnapped in Subukia.
She explained her late husband and her, brought up the child since he was born, adding she had never heard or interacted at any level with the teacher before July, this year.
“In my many years as the spouse of a senior Government official, I became conversant with the more base and malevolent aspects of society, including an attempt on the life of my husband and all manner of schemes to extort money and favours from my family,” she added.
High Court judge Isaac Lenaola extended the orders restraining the Chief Magistrate in Nakuru from proceeding with the case seeking to institute criminal proceedings against Margaret Saitoti. The case will be heard on January 10 next year.
Source: The Standard Digital
