Njenga Karume’s alleged illegitimate son yesterday admitted that the former minister paid him and his mother Sh5 million three years ago “to silence them”. While urging the court to allow his case to proceed to full hearing, Edwin Thuo told Justice David Majanja to ignore the consent signed for the withdrawal of the suit.
Through his lawyer Irungu Kang’ata, Thuo said the said consent, signed in December 2008, was marred with undue influence and therefore cannot be enforced by the court. “Even if we benefitted by taking some money, the agreement is null and void because it curtails a right,” said Kang’ata.
He added that Sh5 million was nothing compared with the rights he was forced to forego then. The lawyer added that there was a difference between the current case and the earlier one filed by Thuo’s mother Lucy Muthoni in 2007. He said the suit was different because in the earlier one, the case was filed in private capacity but in the current one, he has filed it in public law because there were “millions of illegitimate children” who would wish to come to court seeking similar prayers.
The point was objected by Karume’s lawyer Fred Ngatia who said he had been instructed to oppose the suit by “one father and not millions”. On his part, Karume, through Ngatia, said that the case should be dismissed because Thuo did not disclose the fact the case had been settled in 2008.
He said the court cannot vary consent order unless it is established it was signed under duress, there was a mistake or fraud. Ngatia added that in the consent, recorded before the Registrar of the High Court, Thuo and his mother wholly withdrew, and discontinued the matter and abandoned all the claims against Karume.
Terming the case as the height of absurdity, Karume added that the petition was identical to the one filed in 2007 only that Thuo had chosen to drop his surname of Kigera. The lawyer added that Thuo was above 18 years and he was not seeking parental support from Karume. Thuo, 45, is seeking a DNA test to confirm whether Karume is his biological father.
His mother – Muthoni – has filed an affidavit in support of Thuo’s case. Other than the DNA test, Thuo is seeking compensation of Sh101 million for alleged suffering he has suffered over the years as a result of Karume’s rejection. Justice Majanja will give his ruling on January 27, 2012.
Source: NAIROBI STAR
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