The widow of former Vice President George Saitoti has fiercely opposed a bid to exhume her husband's remains for DNA testing, warning the exercise would traumatise the family and desecrate the memory of one of Kenya's most respected statesmen.
Margaret Saitoti has dismissed as an "afterthought" a claim by James Njage, who says he is the late VP's biological son, questioning why he surfaced 14 years after Saitoti died in a helicopter crash.
Her protest comes as the High Court fixed November 23 to hear Njage's application to reopen the long-running succession dispute.
In a replying affidavit, Margaret argued that exhuming the remains, buried in 2012, would inflict needless pain on the family and might ultimately prove futile, as advanced decomposition could make it impossible to obtain viable DNA samples.
"Any exhumation will be a personal affront to the reputation of the deceased, who was a well-respected and honoured statesman and a senior government official. Such an act will cause unwarranted trauma and mental torture for the family of the deceased," she stated.
The widow went further, questioning the motive behind the petition, which seeks to confirm whether Njage is Saitoti's son and, if so, entitle him to a slice of the estate.
"The alleged claim for recognition is an afterthought brought forward 14 years after the deceased's demise, with the sole intention of gaining publicity and unwarranted financial gain from the estate of the deceased," she said.
Margaret maintained she had never known Njage or any alleged relationship between him and her husband, insisting she could not have notified him of the succession proceedings when she was unaware he existed.
She said the estate had been distributed lawfully under a valid will executed in 2001, following probate and in compliance with the Law of Succession Act.
She also faulted Njage for failing to produce basic documents — a birth certificate, national identity card or passport — to back his claim.
The objections come as the court issued a final warning against further delays in the 14-year dispute.
Justice Roseline Oganyo granted Njage one last adjournment but cautioned that no further postponements would be entertained.
The adjournment followed a request by Njage's lawyer, Nicholas Irungu, for more time to respond to an affidavit filed by the estate administrators.
The administrators opposed the request, saying they were ready to proceed.
"We are surprised that the applicant is seeking more time, since he had filed for a certificate of urgency in June," the respondents said.
They argued that Njage had failed to substantiate his paternity claim with verified documents despite demanding an expedited hearing.
Irungu countered that the administrators had served a substantial replying affidavit shortly before the September hearing, leaving his team too little time to prepare.
He said the affidavit raised weighty issues requiring a detailed rebuttal, and that retrieving old documents had proved difficult.
He asked for 14 days to review the filings.Justice Oganyo allowed the request but made clear the matter could no longer be held hostage to procedural delays.
The parties will argue the application in open court on November 23.
Njage filed his case in June 2026, 14 years after Saitoti died on June 10, 2012.
He wants the court to revoke the confirmed grant that vested the estate in Margaret and their son, Zachary Musengi, and to order the exhumation of Saitoti's remains for DNA profiling.
He is also seeking an order compelling the administrators to "render full, accurate and verified accounts of the estate" from the date the grant was confirmed to date — covering all income, expenditure, transfers, distributions, rental proceeds, bank withdrawals, investments and liabilities.
Njage says he fears estate assets may already have been dealt with without his knowledge or consent.
He further wants a declaration that, upon the end of the widow's life interest through death or remarriage, he is entitled to 50 per cent of the net estate, or another share the court deems lawful.
Explaining the delay, Njage says he was a minor living outside Kenya when the grant was confirmed, was never formally notified of the proceedings, and had no court-appointed guardian to protect his interests.
He alleges the administrators omitted his existence when seeking confirmation of the grant.The estate is substantial.
It includes 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 uncontested probate in January 2013, the assets were valued at Sh84.5 million for court-duty purposes, excluding liquid balances in five banks.
It is the second time Saitoti's family structure has been contested in court.
After his death, a Nakuru couple claimed Musengi was their abducted child, but the High Court dismissed the petition in 2020, with Justice Isaac Lenaola noting that police had established Musengi was not their son.Saitoti, then Internal Security minister, died when a Kenya Police Eurocopter AS350 crashed in Kibiku Forest, Ngong, minutes after taking off from Wilson Airport.
All six aboard, including Assistant Minister Orwa Ojode, were killed. A commission led by retired judge Kalpana Rawal later blamed loss of control in poor visibility.
