Post-election violence victim saved from repaying Sh10 million debt
By Paul Ogemba | April 2nd 2020
A victim of the 2007 post-election violence has been saved from repaying a debt of close to Sh10 million after the High Court declared him bankrupt.
Justice David Majanja stopped James Nderitu’s creditors from demanding payment. Majanja ruled that the trader had not recovered from the loss of his multi-million shilling businesses destroyed in the violence.
“I have considered the statement of affairs and the evidence which shows the only assets he has are personal effects worth Sh30,000 while the total debts due to creditors is Sh9,795,370. I am satisfied he is unable to pay his debts and declare him bankrupt,” ruled Majanja.
Majanja said although Nderitu was earning some money for upkeep, his attempts to restart his businesses had been unsuccessful and it would be unfair to allow the creditors to attach his properties to recover the debts.
Nderitu, in his pleadings filed in court, stated that they started an agrovet business with his wife, Joyce Wangechi, in 2002 and incorporated a company trading as Jajo Enterprises Ltd.
They were selling agro-chemicals, veterinary products, animal feeds, mineral licks and seeds in Naroosura within Narok County. As the business grew, they opened another big shop at Ewasonyiro Centre, also in Narok.
Since his businesses were well established, he entered into agreements with several agro-chemicals and seeds suppliers who would supply him on debt and he would repay through a monthly repayment plan.
His creditors include Osho Chemical Industries Ltd, Twiga Chemical Industries Ltd, Amiran Kenya Ltd, Agrichem Africa Ltd, East Africa Seed Company Ltd, Orbit Chemicals Ltd and Pannan Seeds Ltd.
Nderitu said his assets and stock were stolen and his shops destroyed, leaving him with a big financial burden. He swore that he tried to restart his business, by investing Sh4 million growing tomatoes on a rented 27-acre land, but the crop was destroyed by pests.
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