The Saitoti family has released records to support its claim that Mr Zachary Musengi is not the lost son of a Subukia teacher.
Mr Sebastian Maina Ngunju has gone to court asking to be allowed to prosecute Mrs Margaret Saitoti, presumably the widow of former Internal Security Minister George Saitoti, who he accuses of confining his lost son.
He claims Mr Musengi is actually his lost son, Stephen Wachira. But the Saitoti family responded that it was a case of mistaken identity.
A court, which will decide the question of identity, on Wednesday postponed its ruling to give the Saitoti family a chance to file replying papers.
The documents made public showed Zachary as having been born on September 8, 1983. Mr Ngunju claimed his son was born on September 21, 1985.
According to Mr Ngunju, his son Stephen Wachira was almost three years old when he disappeared from their rented house at Subukia trading centre in Nakuru County on August 31, 1988.
Records from New Muthaiga Kindergarten show that Zachary Musengi was admitted to the kindergarten in January 1987. The admission letter dated December 1 1986 was addressed to Prof Saitoti and his wife asking them to confirm their acceptance for the child’s admission.
In January 1988, Zachary was transferred to Westlands Kindergarten. A completion letter from the institution dated November 30, 1989, shows that Zachary Saitoti left the school aged six years and two months.
Part of the letter reads: “Zachary joined Westlands Kindergarten in January 1988. He is on level 3 of the Ginn Reading Programme and reads well with understanding. We wish Zachary all the best at his new school.”
He joined Standard One at Strathmore School in 1990 and the letter of admission dated August 1 1989 was addressed to Prof and Mrs Saitoti. He left the school three years later, having completed class three and was issued with a school leaving certificate signed by the headmaster.
The headmaster described him as a pleasant and cheerful pupil who took keen interest in his studies, especially in mathematics, adding that he was very sociable and always ready to help others.
The Ngunju family has the challenge of reconciling the chronology of a child born in September 1985 joining a kindergarten a year later and class one in 1990.
Going by the date of birth being claimed by Mr and Mrs Ngunju, Zachary would be 27 years old, but his records put his age at 29.
Mr Ngunju, filing a suit in a Nakuru court, swore an affidavit in which he claimed that he and his wife are the parents of Mr Zachary Musengi Saitoti and that he was actually their third-born in a family of five.
He alleged that their son was stolen from their Subukia home 24 years ago and that he only recognised him after seeing Mr Musengi on TV.
According to Mr Ngunju, his son was kidnapped three days to his third birthday by a woman who was later arrested, charged and acquitted by a Nairobi court.
He claimed that he dropped the case after he was threatened and police were allegedly unenthusiastic about the case.
On Wednesday, Senior Principal Magistrate James Mwaniki ordered Mr Ngunju and his wife to serve Mrs Margaret Saitoti with the suit papers.
The 55-year-old teacher wants to bring a private prosecution against Mrs Saitoti. His advocates have prepared a charge sheet, which alleges that on or about August 31, 1988 she unlawfully concealed and kept Zachary Musengi Saitoti knowing that he had been abducted from his parents in Subukia district.
Mr Ngunju wants to prosecute Mrs Saitoti under section 261 of the Penal Code which is against wrongfully concealing or confining a kidnapped or abducted person.
The magistrate also ordered that the Director of Public Prosecutions also be served. He certified the charge sheet and set another mention for November 27.