Kibaki: It’s a disgrace to bring case to court

Former President Mwai Kibaki on Friday said a suit in which he and five others are claiming a prime building in Nyeri town from a company they formed was ‘a disgrace’.

He told the High Court in Nyeri that he was informed of the misunderstandings between directors after the case had been taken to court.

He said he would have arbitrated between the parties if he had known of the dispute earlier.

“I did not know about the resolution to go to file a suit before the matter was brought to court.

Otherwise I would have intervened as we have been friends for a very long time.

Publicly it is a disgrace,” he said.

Justice Anthony Ombwayo suggested to the former president to arrange for the defendants and the plaintiff, Mathingira Wholesalers to meet and resolve the matter out of court.

The other defendants are Mr Kimwatu Kanyungu, Mr Kiiru Gachuiga, Mr Gadson Gitonga, Mr Kibera Gatu and the former president’s brother Mr Samwel Githinji Kibaki.

“Can you still arbitrate between the parties?

A court order will divide the two groups further while you can still be friends if you try a resolution out of court,” suggested the judge.

The plaintiff through lawyer Lucy Mwai supported the call for an out of court resolution saying that although the parties had drawn daggers there was still room for discussion.

Mr Kibaki said he did not know whether some of the original members of Mathingira Wholesalers had sold their shares.

He however said he was not involved in the day to day running of the company adding that he never attended meetings.

“I am a shareholder of many other companies in this country and I leave them to be run by other members who I trust.

I would not know about the daily activities as I was very busy with other matters,” he said.

The defendants claim that some people joined the company unlawfully and edged out the original members including the former president before the 2007 general election.

Mr Kibaki testified that he was unaware of parallel management adding that he was not invited to the company meetings.

“We are from the same village and I just assisted in buying the property and never got involved in the management.

I paid what was to be paid and was not aware of any every meeting that took place,” Kibaki said.

TRESPASSING

Through lawyer Gibson Kamau Kuria, the former president said he was among the owners of the property and is entitled to receive its rent.

He said James Kanyi, Peter Nderitu, Paul Wamahiu and Sammy Maina have been trespassing on the property since 2008 when they allegedly removed Mr Kanyungu from chairmanship.

He prayed for an injunction to stop the company from collecting rent or dealing with the building until the matter is determined.

“Section 133 of the Companies Act prohibits a company from holding meetings where a 21 days’ notice has not been served to each shareholder,” said Mr Kuria.