Another director joins Tuskys suit

A director of Tuskys Supermarket and his niece have been allowed to join a suit seeking to block police from investigating the company’s bank accounts.

“The court cannot object to Mr Yusuf Mugweru and Ms Ann Wamaitha Gatei being enjoined in the petition. That will be unfair to them because they only want to present their views as interested parties,” said Justice Mohammed Warsame.

Mr Mugweru and Ms Gatei had requested to be allowed to join the proceedings, claiming that the other directors had made serious allegations against them.

Through lawyer Philip Murgor, Mr Mugweru who has 17.1 percent shares in the chainstore, told the court that he obtained copies of the petition after the other directors refused to serve him.

Ms Gatei, the daughter of Mr Sammy Gatei who is also a director in the company, echoed similar complaints.

However, the application was opposed by lawyer Chiuri Ngugi, acting for the three other directors.

He said the pair had misunderstood the judicial review application he filed last week.

Last week, three directors of the supermarket filed an urgent application seeking orders to stop the police from executing warrants to inspect the firm’s accounts and records.

The police obtained the warrants after Mr Kamau and Ms Gatei claimed that Tuskys managing director Stephen Mukuha, purchasing director George Gachwe and Financial director Frank Kamau had stolen Sh1.6 billion.

The search orders were issued on April 12. The directors, who are also brothers, want the court to quash the warrant giving police access to the supermarket’s head office on Mombasa Road, Nairobi.

They claimed that their brother, Mr Mugweru, is a non-executive director and had engaged in unlawful activities which had interfered with the management of the business from February.

They alleged that Mr Mugweru and Ms Gatei are abusing the criminal legal process and were using adverse media publicity to solve company problems.

They claimed the dispute started in February when Mr Mugweru wrote to the financial director demanding the register and bank accounts of all companies owned by Tusker Matresses.

They submitted that Mr Mugweru then instructed Frank to stop all payments to several entities, including Cute Interiors Ltd, Tusker Matresses-Uganda, Pop Media Ltd, Kenspore Company and Enkarasha Ltd.

On February 17, he suspended Frank from office and confiscated his official motor vehicle.

On the same day he allegedly wrote to several banks where Tusker Mattresses holds accounts asking them not to honour payments to some companies.

Justice Warsame directed all the parties to file and serve their affidavits by Wednesday evening.