BY SAM ALFAN .
The family of the founder of Naivas Supermarket has taken a new twist after a beneficiary sought the jailing of his siblings for allegedly disobeying court orders.
Newton Kagira Mukuha says in an application filed before the High Court that some 11 beneficiaries who are directors of Naivas supermarket, Naivas International, Gakiwawa Family Investment, Mambo Retail limited and IBL Group, should be jailed for six months.
Kagira said in the application through Peter Gichuru of Ahmednasir Abdullahi law firm that the siblings should be jailed over the latest changes in the shareholding and directorship of the company, which was founded by their father the late Peter Mukuha Kago.
Among those he wants jailed are Martha Waithira Mukuha (widow), Teresia Njeri Mukuha, Grace Muthoni Mukuha, Mukuha, Newton Kagira Mukuha, Grace Muthoni Mukuha, Hannah Njeri Mukuha, and Grace Wambui Mukuha.
Others are Linet Wairimu Mukuha, David Kimani Mukuha and directors of Naivas supermarket, for allegedly disobeying court orders issued on November 2021.
“The respondents have in sheer breach and violation of the order of the court resulted to the disposal and or interference with the shareholding and ownership of Naivas Ltd,” he said in the application.
He said efforts to urge them to desist from interfering with the shareholding have been ignored.
In the court documents filed before Nakuru appellate court, Kagira also wants the court to order and direct that all the transactions as from 25th November 2021 involving any direct or indirect sale or acquisition of Naivas Ltd stake through Naivas International or otherwise be cancelled.
He further seeks court to Order or direct the beneficiaries and directors of Naivas supermarket to Jointly and severally disclose and file in court all relevant documents showing the sums paid or received on account of any directly or indirect sale or acquisition of Naivas Ltd through Naivas International or otherwise.
“In the alternative the court be please to Order or direct that any monies paid to or received by the beneficiaries and directors whether jointly or singularly on account of any transaction as from 25th November 2021 involving any directly or indirect sale or acquisition of a stake in Naivas Ltd through Naivas International or otherwise be deposited in Court within Seven or such other time as this Court may direct,” seeks Kagira.
He said the court issued an order on November 25, 2021, directing the parties to maintain the status quo.
He states that prior to the death of their father, the shareholding and directorship of Naivas Ltd were Simon Gashwe Mukuha (12,500 shares), David Kimani Mukuha (12,500 shares), Peter Mukuha Kago (10,000 shares), Linet Wairimu Mukuha (7500 shares) and Grace Wambui Mukuha (7500) total of shares 50,000.
He further states that following the decisions of the Superior Court dated 31 October 2014 and 6th October 2016 (which are now the subject of several cases) the deceased estate was distributed.
Simon Gashwe Mukuha (now deceased), David Kimani Mukuha, Linet Wairimu Mukuha & Grace Wambui Mukuha proceeded and acquired the shares previously held by his father.
Consequently, as at 1″ April 2018, the shareholding of Naivas Ltd were Simon Gashwe Mukuha 14,500 shares, David Kimani Mukuha 14,500 shares, Linet Wairimu Mukuha 10,500 and Grace Wambui Mukuha 10,500 total 10,500.
And by a resolution of April 24, 2018, Simon Gashwe, David, Linet and Grace transferred all their shares in Naivas Ltd to a Company known was Naivas International.
However, they remained as directors of Naivas Ltd.
Naivas International, he said, was incorporated as a private company in Mauritius on or about 16m October 2015.
As at 25th March 2019 its shareholders, directors and Company Secretaries were Gashwe 29 shares, David 29 shares, Linet 21 shares and Grace 21 shares total 100 shares.
The directors are Jaimie Chin Moy Lai Choo, Marie Catherine Yow Mook Yuen, David, Grace, Linet and Gashwe.
He states that on or about 21″ November 2017, David, Grace, Gashwe and Linet incorporated another Company in Mauritius known as Naivas Holdings Ltd (Reg No. C151902) and on or about 8th August 2018, Naivas Holdings Ltd changed its name to Gakiwawa Family Investment. As at 25th March 2019 its shareholders, directors and Company.
Subsequently on or about 24 April 2018, David, Grace, Gashwe and Linet as directors and shareholders of Naivas Ltd passed a resolution allowing the transfer of all their shareholding in Naivas Ltd to Naivas International.
The affidavit further states that vide the same resolution it was resolved that each shareholder of Naivas Ltd would get an equal value of shares in Naivas Holdings in consideration of the shares that they were transferring to Naivas International.
“It was also resolved that Naivas Holdings would pay the consideration for the transfer because it would hold shares in Naivas Supermarkets through Naivas International,” he states.
He adds that following the death of Gashwe in August 2019, his Son Charles was appointed the Administrator of his estate. Subsequently, vide a resolution dated 9th March 2020 by Naivas Ltd,
Simon (deceased) was removed as director and on the same day Charles together with one Peter Mukuha Kago & Mercy Irene Waithera were appointed as new (incoming) Directors of Naivas Ltd.
On 14th April 2020, the necessary Notification of Appointment of the incoming directors of Naivas Ltd was filed with the Registrar of Companies.
Sometime in February 2020, Gakiwawa Family Investment sold a 30% stake in Naivas International to a group of investors comprising of International Finance Corporation (IFC). German Fund (DEG), MCB Equity Fund & Amethis Retail.