Daughter of Naivas founder sues siblings over real estate row

Naivas supermarket along Aga Khan Walk, Nairobi. [Wilberforce Okwiri, Standard]

A daughter of the founder of Naivas Limited Peter Mukuha has moved to court to stop her two siblings and nephew from dissolving the family's real estate company.

Grace Wamboi accuses her siblings David Kimani, Linet Wairimu, and her nephew Charles Simon of attempting to dispose of majority of properties acquired through Gakiwawa Enterprise Limited.

In her application before Nairobi judge Freda Mugambi, Wamboi wants the three restricted from selling assets of the company until her case is determined.

"The respondents should be barred from operating, transferring or withdrawing company's funds held in a bank account or other secret accounts," submits Wamboi.

She wants the court to stop the implementation of a resolution the three passed on May 2, 2023, to dissolve the company without her consent.

According to Wamboi, the three should be stopped from interfering with the operations of the company.

Wamboi says she joined hands with her siblings and their late brother Simon Gashwe on October 22, 2012, and started doing business.

She says they later started Gakiwawa company, a real estate company that also dealt with other businesses including trading and export of clothes, and became joint directors.

However, on August 26, 2019, Gashwe died and his son Charles replaced him as a director of the company that was registered in 2015.

"I took 210 shares, Kimani and Wairimu hold 290 shares each, while Charles has 210 shares in the company," deposes Wamboi.

She says as per the company's Memorandum of Association, all subscribers of the memorandum were to be directors of the company.

She further adds that since the company was incorporated, the four directors were signatories to the bank account and had to approve all withdrawals and transfers of funds.

She submits that together with her siblings and her nephew, they are also directors of Naivas Limited and used the supermarket funds to acquire properties before they were transferred under the company's name.

"Naivas bought all properties but transferred them to Gakiwawa when it sold its shares to Mauritius company," she states.

She submits that properties acquired include Naivas under Githurai House, two plots in Umoja estate that houses Naivas and parking space, another Naivas in Embu, a plot in Kitengela, another plot in Naivasha and 186 acres of land in Molo, Nakuru. She adds that the company acquired eight plots in Kajiado County and 17 plots in Athi River.

However, she accuses the three of sidelining her from the running of the company businesses since 2019.

"I have not been paid salaries, commissions, dividends of benefit from company's profits or remunerations," she alleges.

She accuses her co-directors of illegally transferring and withdrawing funds from the company's bank account for unexplained expenditures, without consulting her.

Wamboi's application will be heard on June 28, 2023.

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