A man has lost a case challenging Sh10 million theft charges in a company row with his wife.
Peter Maina had sought to throw out the case, arguing that his wife was using the courts to press him to forfeit his stake in their company.
Mr Maina moved to the High Court in Nairobi after he was charged before a magistrate.
Maina and Kellen Njoki are co-directors of Standen Supplies Ltd.
According to the court documents, Maina took away some company equipment following disagreements with his wife.
However, he argued that since their marriage had gone sour, the wife file a matrimonial property case in a family court to claim a share of the company.
However, Justice Anthony Mrima threw out Maina’s case, ruling that the complainant was the company and not his wife.
“It now follows that the contention by the petitioner relating to his marriage with Kellen is a non-issue in this matter. I say so because the same was not pleaded in the petition and as such it did not crystallize to be an issue for determination and further that the complainant in the criminal case is the company and not Kellen,” said Mrima.
The verdict now paves the way for a court battle between Maina and his wife, who will be a star witness in the theft case.
It emerged that the criminal court had prevailed upon Maina and Njoki to reach an out-of court settlement.
Sergeant Timothy Wanyonyi, the investigating officer, told the court that on October 4 last year, Standen, through Njoki, lodged a complaint that their company premises had been broken into and items stolen.
Wanyonyi added that although the magistrate’s court ordered that the machines and items in dispute be kept in a neutral place, Maina did not comply with the orders, but instead moved to the High Court.
Njoki admitted that she is married to him and they have two children. She, however, asserted that she had a right to sue any person to protect her rights and that of the company.
She pointed out that Standen was the complainant.
It also emerged that the dispute was more than the company affairs. Njoki claimed that he had been taking care of one child, and asked he be compelled to pay half of the rent for the building in which the company’s properties are being stored as exhibits.
According to her, she agreed to pay the rent because she thought it was a temporary measure.
But Maina claimed that Standen had not rented the premises, and that it was his wife’s personal decision to pay.
He claimed that the machines he carted away were bought through a loan being serviced by his uncle.
According to Maina, he moved the items after Njoki threatened to kick him out of the business premises.
At the same time, he claimed that he had tried to reconcile with Njoki as urged by the criminal court but in vain. He stated that he had involved relatives and friends, but their efforts failed.
