The High Court has issued a final warning against further delays in the 14-year battle over former Vice-President George Saitoti’s estate, setting November 23 for a hearing on a petition seeking to reopen his succession case.
Justice Roseline Oganyo on Wednesday granted one final adjournment to James Njage, who claims to be Saitoti’s biological son, warning that no further postponements would be allowed.
The case, which could reopen the distribution of the late statesman’s estate, will see the court consider Njage’s bid to revoke the confirmed grant, exhume Saitoti’s remains for DNA testing and compel a full account of how the estate has been administered.
The judge granted the adjournment after Njage’s lawyer, Nicholas Irungu, sought more time to respond to an affidavit filed by the estate administrators.
The administrators, who opposed the application, said they were ready to proceed, questioning why Njage was seeking more time after filing his petition under a certificate of urgency in June.
“We are surprised that the applicant is seeking more time, since he had filed for a certificate of urgency in June,” the respondent said.
They further argued that Njage had failed to substantiate his paternity claim with verified documentation despite pressing for an expedited hearing.
Irungu, however, told the court that the administrators had served a substantial replying affidavit shortly before the scheduled September hearing, leaving his team with insufficient time to prepare a comprehensive response.
He said the affidavit raised weighty issues and factual assertions requiring a detailed rebuttal, adding that retrieving documents had proved difficult because of the time that had elapsed.
He asked for 14 days to review the court filings and prepare counter-arguments.
Justice Oganyo allowed the request but made it clear that the succession proceedings could no longer be held up by procedural delays. The matter was subsequently fixed for November 23, when the parties are expected to argue the application in open court.
Njage filed his application in June 2026, 14 years after Saitoti died in a helicopter crash in June 2012.
He wants the court to revoke the grant that vested the estate in Saitoti’s widow, Margaret Wanjiku Saitoti, and their son, Zachary Musengi.
He also wants Saitoti’s remains exhumed to facilitate DNA profiling and forensic testing to establish whether he is the former Vice-President’s biological son.
Njage is further seeking a comprehensive account of the estate’s administration, including rental income, investment returns, bank withdrawals and property transfers made since the grant was confirmed.
The court had declined to certify his application as urgent and directed him to serve the estate administrators before an inter partes hearing. The matter was initially scheduled for September 24 before being adjourned to October 21.
In his filings, Njage says he was a minor living outside Kenya when the original succession proceedings were concluded and that he was neither formally notified of the court process nor represented by a court-appointed guardian to protect his interests.
He alleges that the administrators omitted his existence when seeking confirmation of the grant, arguing that this fundamentally affected the lawful distribution of the estate.
The estate comprises agricultural and commercial land, residential properties in Muthaiga, Lavington, Karen and Nyali, the Apic Centre in Westlands, office and residential developments in Kitengela, a commercial flower farm in Thika and an ostrich farm in Kajiado.
During the original uncontested probate proceedings in January 2013, the assets were assessed at Sh84.5 million for court duty purposes. The valuation excluded liquid balances held in five banking institutions.
The dispute is the second major court challenge involving questions about Saitoti’s family structure since his death.
Shortly after the former minister died, a couple from Nakuru claimed that Zachary Musengi was their abducted child. The case ended in 2020 when the High Court dismissed their petition.
In his judgment, Justice Isaac Lenaola said police investigations had established that Musengi was not the couple’s child. He also noted that there was no legal mechanism to compel an adult to undergo genetic testing against their will.
Saitoti, who was serving as Minister for Internal Security, died on June 10, 2012, when a Kenya Police Eurocopter AS350 crashed in Kibiku Forest, Ngong.
He had boarded the aircraft at Wilson Airport for a fundraising event in Ndhiwa, Homa Bay County. About 10 minutes into the flight, the helicopter crashed and caught fire, killing all six occupants, including Assistant Minister Joshua Orwa Ojode, two security officers and two pilots.
A commission of inquiry chaired by former Court of Appeal judge Kalpana Rawal concluded in early 2013 that the probable cause was loss of control in poor visibility, compounded by spatial disorientation and inadequate instrument flight training.
