Susan Muhindi 

30 August 2011

A legal tussle for the control of Nairobi’s multi-billion real estate project dubbed Tatu City took a different twist yesterday when minority shareholders sought to have a High court Judge disqualify himself from hearing an application filed in June this year.

The petitioners have accused High court Judge Justice Muga Apondi of failing to take any action in preservation of their assets in the company.

The petitioners, Stephen Mwagiru and Rosemary Wanja, moved to court in June 3 under a certificate of urgency seeking the appointment of interim liquidators who would protect the assets of Tatu pending hearing and determination of the winding up case.

They argue that their advocates have been verbally reminding the court of the interim liquidator and court has been making promises to give directions but has still failed to do so.

They fear that unless Apondi is disqualified, the assets of Tatu City will not be protected during the winding up case and are likely to be disposed off. “Interest of justice shall be served if the application is heard by another judge,’ they argue.

Mwagiru justifies his claims on grounds that he has been denied participation in management of the company, and that the majority shareholders have continued to sell the company’s assets, which will occasion irreparable losses. Justice Apondi directed that the application seeking his disqualification be heard on Friday noon this week.