By Pamela Chepkemei

Kenya: A case pitting Transport Principal Secretary Nduva Muli and his sister over family property has taken a new twist, with the PS accusing a Court of Appeal judge and her husband of interfering with the matter.

Nduva wants the Judicial Service Commission (JSC) and the Law Society of Kenya (LSK) to take action against Court of Appeal judge Agnes Murgor and her lawyer husband Philip Murgor.

Nduva who was sued by his younger sister Jane Nthanze Muli - over alleged mismanagement of millions from the estate of their father - says Lady Justice Murgor is interfering with the case to obtain a favourable outcome.

Nduva, Mrs Murgor and Nthanze are all children of the former Attorney General Mathew Guy Muli.

Two brothers of the former AG have also sworn affidavits filed in court supporting Nduva.

Nduva mentions Lady Justice Murgor and her husband, Philip Murgor, adversely in response to the application filed by Nthanze against him.

In his affidavit, he says the case is aimed at causing him and his wife personal embarrassment. “I am aware that Philip Murgor has made it clear that this matter has the ingredients of the Tusky’s family matter in which he acted, and if brought to court shall be ugly,” says Nduva.

The PS adds that Mr Murgor said the case would ultimately affect his performance as a senior Government officer with the possibility of him losing his job.

He has also written to the JSC accusing his sister (the judge) of misconduct. The PS wants LSK to investigate the conduct of the law firm of Murgor and Murgor Advocates. In an application filed in court recently, Nthanze wants the court to issue orders restraining the PS from dealing with assets owned by a company, Mukengesya Holdings incorporated by their father.

Gift from father

 But Nduva in his response denies that he has concealed matters of the estate of his late father as claimed by Nthanze. “I have never concealed anything from the administrators and beneficiaries who have always known that I am a founder director and shareholder of Mukengesya Holdings Ltd (MHL).”

He says he incorporated Mukengesya with his father in April 2003 when the former CJ was still alive.

He accuses his siblings of interfering with a contract he entered with his father. The PS says that the share he holds in the company was given to him by his father as a gift and is not part of Guy Muli’s estate.

“The allegation by the applicant (Nthanze) that I acquired the share through fraud is malicious, false and misleading to the court,” said the PS

He argues that he cannot be held responsible for the administration of the estate because a grant was confirmed in 2006 and an agreement reached by all the beneficiaries amicably. 

The PS says the only person who can be held responsible for fraud or concealment is his mother who was appointed the administrator of the estate.

The case is scheduled for hearing next Tuesday.