Naivas siblings embroiled in a fresh dispute over properties, company

A new court battle between Peter Mukuha's children has erupted over the control of several properties under a company owned by the family. The family, which also owns the giant retailer Naivas Supermarket, is now before the Commercial Court after Grace Wamboi, sued her siblings David Kimani, Linet Wairimu, and her nephew Charles Simon Mukuha over properties under the family company, Gakiwawa Enterprises Limited. In her case filed by lawyer Thomas Moindi before Justice Freda Mugambi, Wamboi claims that her siblings met on May 2, 2023, and allegedly agreed to sell at least 37 properties, some of which are leased to Naivas Supermarket. Wamboi states that she was not involved in the meeting. The court heard that Wamboi owns 210 shares in Gakiwawa while Kimani and Wairimu, own 290 shares each. Meanwhile, Charles who is the late Simon Gashwe's son has 210 shares. According to Wamboi, they came together and formed Gakiwawa and agreed as siblings that any bank transfer or withdrawal has to be approved by all signatories. She stated that they are also directors of Naivas Limited. She narrates that initially, all Gakiwawa properties were bought by Naivas and later transferred to Naivas Limited. However, she says that when Naivas sold its shares to a Mauritius company, the property was transferred back to Gakiwawa. She claims that they went further to open a bank account to collect money from properties leased to the supermarket. Wamboi alleges that her brothers, sister, and nephew have not engaged her for consent to withdraw or transfer money. In her case, Wambui has listed Githurai house, land in Embu, Naivasha property, and two properties in Umoja as part of properties allegedly leased to Naivas. At the same time, she states that 186 acres in Molo are leased to different people who pay rent. She claims that she has been excluded from running Gakiwawa affairs. "The applicant since 2019 was excluded by the first, second, and third defendants/respondents from running the business of the fourth defendant/ respondent," claims Wamboi. Wamboi alleges that her siblings and nephew intend to sell at least 17 properties at Athi River, a property at Kaputei Kajiado, and five others without her approval adding that a valuation has not been done. "The first, second, and third defendants/ respondents have shown hostility towards the applicant to the point that she is completely unable to participate or understand the operations of the company. The applicant is apprehensive that the conduct of the first, second, and third defendants/respondents in sidelining the applicant in running the company is illegal and contrary to the Companies Act 2015," she claims. Wamboi also alleges that she has not received dividends from Gakiwawa adding that she was not invited for a special or general meeting to discuss the firm. "On May 2, 2023, the first, second, and third respondents called for a special general meeting without issuing a notice as required under the Companies Act and excluded the applicant, and passed a resolution to dissolve the defendant (Gakiwawa) and sell the properties without doing a recent valuation of the properties held by the fourth defendant," Wamboi's court papers read in part. The woman now wants the court to bar her siblings from disposing of the properties or winding up Gakiwawa. She is also seeking orders to refer the case for arbitration. "I am advised by my advocates on record which advice I believe to be true and correct that unless this matter is certified urgent, the respondents will continue operating in contravention of the Companies Act while at the same time denying the applicant her rights as a shareholder," Wamboi argues.

Naivas siblings embroiled in a fresh dispute over properties, company

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Naivas siblings embroiled in a fresh dispute over properties, company

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