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KCB tells court to end Kenyatta kin coffee farm case

By | June 4th 2010 at 00:00:00 GMT +0300

By Nancy Akinyi

A bank says litigation on the sale of a 443-acre coffee farm once owned by Kenyatta’s kin should be concluded.

The Kenya Commercial Bank (KCB) argues the matter on the sale of Muiri Coffee Farm, which once belonged to Mr Ngengi Muigai, has dragged on for more than eight years.

Yesterday, the court heard the farm pulled out from the litigation, but a brother company, Benjoh Amalgamated Ltd, has persistently contested the sale.

KCB advocate Philip Nyachoti told Commercial Court Judge Leonard Njagi Benjoh Amalgamated Ltd owned by Captain Kung’u Muigai has filed numerous suits over the matter and most of them have been dismissed.

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He said it is the farm that should be active in filling the suits and not Benjoh Amalgamated.

Muigai, a nephew to the late President Jomo Kenyatta is contesting the sale of the coffee farm.

He says it was ridiculous for the bank to dispose the Sh800 million coffee estate at only Sh70 million in a public auction to Bidii Ltd.

But Nyachoti said the matter has been dismissed severally both before the High Court and Court of Appeal. He said the plaintiff should accept the verdict and stop filing further suits.

The court also heard nearly all judges who have handled the matter have washed their hands from hearing the same.

Nyachoti was reacting to an application filed by Benjoh Amalgamated for the matter be certified urgent.

He convinced the court to fix first for hearing an application in which the bank seeks to amend its defence. The main application will be fixed for hearing later.

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