The Nation (Nairobi)

Kenya: Woman Sues to Stop the Sale of Her Coast Hotel

Nairobi — A widow has moved to court to block the sale of her multi-million shilling property at the Coast.

Mrs Mary Muthoni Muriithi, the proprietor of Golden Beach Hotel in Ukunda, Kwale District, claimed she found out that the Kenya Commercial Bank intended to sell the property during testimony by a key witness in the just-ended Goldenberg Inquiry.

Lawyer James Gitau Singh, who appeared before High Court judge Hatari Waweru with a certificate of urgency, claims his client learnt of the matter when Dr Wilfred Koinange testified at the inquiry.

The widow, who is the administrator of her husband Samson Muriithi Nduhiu's estate, has sued KCB and Mutuality Investment Trust Ltd.

The lawyer alleges the bank signed an agreement on December 20, 1991, with the couple for a Sh50 million credit facility from the bank and in turn they were to transfer their shares in the company to the bank as security.

Mrs Muriithi claims the transaction was never done and any transfer of shares to a third party was illegal. She further alleges the deed document was never witnessed by their lawyers and was never executed.

Mr Singh said Mrs Muriithi came to know of the fraudulent transfer of the hotel and shares through the inquiry.

The lawyer wants the court to declare the transfer of shares null and void. She also wants the sale of the hotel to Mutuality Investment Trust nullified.

Mrs Muriithi further claims the bank and the trust were aware of the illegality of the transaction and attempted to cover this by asking her husband for an invoice of Sh50 million.

The widow claims that in December last year, Mr Wachira Ngondu of Sun City Resorts telephoned her to say he was placing a bid for the hotel and the shares in the trust.

The widow wants the court to stop any change of registration of the ownership, leasing ,allotment, user, occupation or possession in the land registry.


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