Saitoti estate war: ‘I am his son,’ man tells court

A fresh legal battle has erupted over the estate of former Vice-President and Internal Security Minister the late George Saitoti, with a man claiming to be his son asking the High Court to recognise him as a beneficiary and allow DNA testing of the late politician’s remains.

James Njagiesays he was shut out of succession proceedings that resulted in Saitoti’s estate being distributed without his knowledge, despite allegedly being a child of the former Vice-President.

The High Court on Thursday, September 24, 2026 postponed the hearing of his case to October 21, 2026.

Njagi has filed an application seeking suspension of the implementation of the grant and its subsequent certificates pending determination of his bid to have them revoked.

He claims he was a minor and living outside Kenya when the grant was confirmed in favour of Saitoti’s widow, Margaret Wanjiku Saitoti.

According to court documents, Njagi says he was never served with the succession petition, summons for confirmation of the grant or the proposed mode of 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 states.

He further claims that no guardian or legal representative was appointed to protect his interests while he was a minor.

Saitoti died on June 10, 2012, when the helicopter he was travelling in crashed at Kibiko in Ngong Forest. He was heading to a Harambee fundraiser in Ndhiwa, Homa Bay County.

His personal assistant Orwa Ojode, two pilots and two bodyguards also died in the crash.

The estate, which includes land, residential properties, shares and cash, was subsequently distributed between Saitoti’s widow and son Zachary Musengi.

Njagi now alleges that his existence as a purported child of the deceased was never disclosed to the succession court, describing the omission as a material non-disclosure that affected the validity of the grant and its subsequent confirmation.

He wants the administrators compelled to produce a full account of the estate from the date of confirmation, including income, rents, investments, withdrawals, transfers, expenditure, distributions and liabilities.

Njage says he fears some assets may already have been transferred, distributed or otherwise dealt with without his knowledge.

In a potentially explosive part of the application, Njagi says he may seek an order for the exhumation of Saitoti’s remains for DNA testing to establish whether he is the former Vice-President’s biological son.

He proposes that samples be examined by the government pathologist and two independent private pathologists, with each side appointing one.

Through Murage Juma & Company Advocates, Njagi argues that his alleged exclusion was unlawful and prejudicial, insisting that he lacked the legal capacity, knowledge and opportunity to challenge the succession process when the grant was issued, confirmed and later rectified.

The court is expected to consider the application when the matter comes up for hearing on October 21, 2026.