By WAINAINA NDUNG’U
Nyeri, Kenya: Retired President Mwai Kibaki is currently at the Nyeri High Court seeking to testify in a property tussle involving a company he originally co-owned with nine villagers in Othaya.
It is the first time that the former president is appearing in court over a civil matter since he retired early this year.
Kibaki is named as one of the defendants in the suit filed by Mathingira Wholesalers which owns a commercial property hosting one of the best middle class entertainment spots in Nyeri town.
Justice Anthony Ombwayo of the Land and Environment court is set to give a ruling at midday today (Monday) on whether to allow Kibaki priority to give his evidence as the first witness in the case.
Dr Gibson Kamau is representing the former president and five others named as defendants. The five include Kibaki’s elder brother Samuel Githinji Kibaki, his agemate Kimwatu Kanyungu, Kiiru Gachinga, his late neighbour and friend (the late) Gadson Gitonga and Kibera Gatu.
Dr Kuria urged the judge to allow Kibaki to give his evidence on priority basis although there are still pleadings (papers) pending to be filed by both parties.
He said the former president might not be available to testify at a later date due to his busy schedule.
But the directors of Mathingira who have filed the case urged the court not to allow Kibaki to testify before all papers are filed in the case.
Dr Kuria told the court that Kibaki and five other directors have not benefited from rent collected from the one storied building since 2007 and that orders by the court to have the proceeds banked in a joint account administered by representatives of both parties have been frustrated by the party.
The property company was formed by mutual friends in 1983 but at least two of the shareholders have since passed on.
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