Njenga Karume offspring file new case

The late Njenga Karume. A new application against the trustees of the late tycoon's estate has been lodged in court. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Mr Karume’s two sons and a daughter fighting to take control of his vast estate want Mr George Ngugi, Mr Kung’u Gatabaki, Ms Margaret Nduta and Mr Killian Lugwe committed to civil jail for allegedly authorising the demolition of Pizza Garden at Westlands, Nairobi, despite a court order stopping any dealings in the property.
  • “The trustees started demolition of the main structure in clear breach of the orders. Their actions expose the court to ridicule, given that proper service of the orders was effected,” Ms Lucy Wanjiru Karume, Mr Samuel Wanjema Karume and Mr Albert Kigera Karume said through their lawyer, Mr Peter Munge.
  • The latest application caused confusion in the scheduled hearing of the dispute as the three insisted that the contempt case must be heard before the trustees’ application seeking to set aside the orders.

Anew application against the trustees of the late tycoon Njenga Karume’s estate has been lodged in court.

Mr Karume’s two sons and a daughter fighting to take control of his vast estate want Mr George Ngugi, Mr Kung’u Gatabaki, Ms Margaret Nduta and Mr Killian Lugwe committed to civil jail for allegedly authorising the demolition of Pizza Garden at Westlands, Nairobi, despite a court order stopping any dealings in the property.

“The trustees started demolition of the main structure in clear breach of the orders. Their actions expose the court to ridicule, given that proper service of the orders was effected,” Ms Lucy Wanjiru Karume, Mr Samuel Wanjema Karume and Mr Albert Kigera Karume said through their lawyer, Mr Peter Munge.

The latest application caused confusion in the scheduled hearing of the dispute as the three insisted that the contempt case must be heard before the trustees’ application seeking to set aside the orders.

Through Senior Counsel George Oraro, the trustees denied violating the court order and insisted that their application to set aside the orders had to be heard first.

“The allegations are false, given that there was no demolition as communicated to them in writing. The application, on the face of it, is against Jacaranda Hotels Limited, the company that owns Pizza Garden and of which one of the complaints, Mr Albert Kigera, is a director. It is in bad faith and intended to scuttle the scheduled hearing of our application,” Mr Oraro said.

He argued that the application questioning the court’s jurisdiction to handle the dispute superseded the contempt case and should be determined first.

Mr Waweru Gatonye, representing the Njenga Karume Trust, also opposed the application for contempt, arguing that it contained “mere allegations” that should not derail hearing of the main dispute.
Mr Gatonye asked why the three siblings took more than two weeks to file the contempt case if the alleged demolition took place on April 21.

Mr Karume’s eldest daughter, Dr Francesca Wanjiku Kahiu, also differed with her brothers and sister, accusing them of filing multiple cases to stop their other siblings from enjoying the benefits of their father’s properties.

“Schools are reopening and there is a risk that innocent beneficiaries will not access fees because of the orders obtained by the plaintiffs stopping the trust from meeting its obligations,” Mr Kamau Karori, another lawyer, said.

He said there was no justification for them to wait until the last minute to file the case when they knew the dispute over the management of the properties had been fixed for hearing.

The trustees accuse the three of lying to court to obtain the orders, saying they had been part of the deliberations on the management of the businesses.