Mwai Kibaki property row heads back to court
Former President Mwai Kibaki takes an oath at the Nyeri High Court before testifying in a court battle over a building in Nyeri town. PHOTO | BONIFACE MWANGI | FILE
What you need to know:
- Mr Justice Anthony Ombwayo had earlier urged the former President to try and convince his fellow defendants and plaintiffs to arbitrate the matter out of court
- The two parties expressed interest in handling the case before the High Court in Nyeri instead of an out-of-court settlement
A company ownership dispute case involving former President Kibaki is set for fresh hearing after both parties failed to settle out of court.
Mr Justice Anthony Ombwayo had earlier urged the former President to try and convince his fellow defendants and plaintiffs to arbitrate the matter out of court.
He argued that if the case is handled out of court, the misunderstanding between both parties could be resolved amicably and their friendship restored.
Mr Ombwayo was reacting to a comment by Mr Kibaki, who had testified that had he known about the Mathingira Wholesalers Company dispute, he would have arbitrated the matter between the parties to avoid public disgrace and restore their long-term friendship.
On Tuesday, the two parties expressed interest in handling the case before the High Court in Nyeri instead of an out-of-court settlement.
“We tried to settle the matter out of court, but we did not succeed,” defence lawyer Gibson Kamau said.
In his evidence, Mr James Kanyi, who is one of the plaintiffs, told the court that he joined the company in October 1994 when his brother-in-law Joseph Kiiru, a director at the company, told him about a manager, who was willing to sell his shares.
Mr Kanyi told the court that he bought 747 shares from Mr Gadson Gitonga and was approved as a director by other members in a meeting held after they signed the agreement.
He said that Mathingira Wholesale Company owns a building in Nyeri County and had also opened a bar in 2002, but the pub was later closed due to the court case.
SOLD THEIR SHARES
He added that since he joined the company, he benefited from its dividends until 2009 when the firm’s leadership changed. He said that a dispute arose when some members denied others the right to be directors in the company, yet they had willingly sold their shares.
In a Memorandum and Articles of Association presented before the court on Tuesday, Mr Kanyi’s name was missing as a company director.
Mr Kibaki, his brother Samwel Githinji, Mr Kimwatu Kanyungu, Mr Kiiru Gachuiga, Mr Gitonga and Mr Kibera Gatu are the defendants.
