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Governor Mutua loses first round in property war against Lilian Nganga

By Paul Ogemba | November 9th 2021

Former Machakos first Lady Lilian Ng'ang'a addressing the media in Nairobi on November 4, 2021. [Boniface Okendo, Standard]

Machakos Governor Alfred Mutua has lost the first round of a fight over property with his estranged former partner, Lilian Ng'ang'a.

Mutua had asked the court to strike out Lilian's suit against him and have the matter transferred to the Machakos Court but Nairobi Principal Magistrate E Wanjala dismissed his objection on account that it was frivolous and without merit.

“The court finds that the objections raised by Mutua are not sustainable and lacking in merit. They are dismissed in their entirety and the case will proceed on November 15 as scheduled,” ruled the magistrate.

Lilian had in two separate suits filed at the Milimani Commercial Court sued Mutua for allegedly taking over her company and forcefully entering into her home to repossess a vehicle she bought in 2014.

Shares transferred

She accused the governor of transferring her shares in their joint company called Ndash Enterprises–which they established in 2014 with equal 2,000 shares–soon after they ended their nine-year relationship in June.

According to Lilian, the status of the company remained the same until July when she discovered her shares had been transferred to a third party without her knowledge.

She alleged that Mutua fraudulently caused the transfer of her shares in the company to a third party and registered the transfer with the Registrar of Companies, and that she has already filed a complaint with police to investigate the transfer.

In the second suit, Lilian accused Mutua of forcefully entering her apartment in Kileleshwa and taking possession of a car that she bought in 2014. She said that "he is likely to take her other properties unless restrained by the court."

Lilian also complained of threats to her life, stating that the governor "has made it clear that he intends to use his position of influence to harass and deny her peace."

But Mutua filed a preliminary objection to the suit, arguing that since the company is located in Machakos the dispute should be transferred to a court in the county.

He also sought to stop the Nairobi Commercial Court from hearing the dispute, arguing that since Lilian had admitted to being in a marriage with him, the dispute should be transferred to the Family Division that handles matrimonial property disputes. 

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