A lawyer who died 11 years ago is at the centre of a vicious leadership battle rocking a tea factory in Murang’a.
Robert Mburu is said to have died in 2008. Although the dead tell no tale, he is alleged to have commissioned documents, changing the shareholding and management of Central Highlands Tea Company Limited in 2019.
It is for this reason that some shareholders have moved to court seeking to have a resolution for management change quashed.
The factory is worth more than Sh138 million.
“The affidavits commissioned on June 11, 2019 could not possibly have been commissioned by Mburu Mbugua as he was deceased having passed away in December 2008,” said Peter Thumi, a lawyer of four shareholders who have sued the company directors claimed.
In the case filed before the Commercial court, Meshack Kibunja Kaburi, James Njukira Ihura, David Macharia Gichure and Daniel Wanjie Waruinge claim that they are not a party to letters and affidavits filed at the companies’ registry two years ago.
They sued Kirubu Kamau, Michael Muraguri, Gerald Gikonyo, David Githua and Pastor Crispus Thuku, claiming they have declined to appoint internal auditors and a company secretary to run the tea firm.
“The affected party continues to receive green leaf tea from some members numbering 820 farmers who have not been paid and the directors are non-committal when the payments will be effected thereby exposing the affected party to the real risk of lawsuits as well as obscure claim as the directors have remained tight-lipped on the true context of the company,” Thumi continued.
They want the court to restore the original leadership, adding that the meeting held by shareholders on June 18, 2018, at Enkare Hotel in Nairobi County ratified the decision to do away with the current leadership.
Kaburi filed an affidavit supporting the case before Justice Margaret Muigai. He claimed that he was not aware that there were changes to the tea firm leadership seven days before the Enkare meeting. He claimed that he never signed the documents submitted to the registrar of companies.
“I am a stranger in the affidavit dated June 11, 2019, attributed to me as I neither signed the same nor appeared before the alleged Commissioner of Oaths,” he claimed.
At the same time, Ihura, Gichure, and Waruinge distanced themselves from the changes, claiming that they did not resign.
“The plaintiffs aver that the defendants have failed to act in good faith and in circumspection in the discharge of their duties as would be expected as company directors thereby betraying the trust bestowed upon the office of directors,” they continued.
Justice Muigai allowed the respondents to reply to the allegations.
