Managers of a trust set up by businessman Njenga Karume to manage his properties have asked the High Court to jail three of the late billionaire’s children for contempt of court.
The Njenga Karume Trust has accused the billionaire’s children of deliberately publishing a misleading court order to trick the public into believing that there is a caveat placed on Westlands-based restaurant, Pizza Garden.
George Ngugi Waireri, one of the trustees, says in court filings that Albert, Lucy and Samuel Karume arranged to have an ambiguous court order drawn in a scheme aimed at altering the original directions issued in court.
Justices Alfred Mabeya and Mbogoli Msagha on September 17 issued an order stopping the trustees from selling the pizzeria, but allowing them to renovate and refurbish it.
Mr Waireri says the court order published by the children created the impression that the trustee cannot renovate and refurbish Pizza Garden.
“It is clear from the wording of the said caveat that the sole intention of the plaintiffs is to mislead the public and any parties who have dealings with the Njenga Karume Trust.
“The Njenga Karume Trust prays that Albert, Lucy and Samuel Karume and their aocates on record MMC Africa Law be committed to jail or their property be attached, or both for contempt of court,” Mr Waireri says.
READ: Karume trustees allowed to repair Pizza Garden
The three Karume children want Kung’u Gatabaki, George Ngugi, Henry Waireri and Margaret Nduta removed as managers of their father’s multi- billion shilling trust. They have filed suits against the trustees in the family and civil courts.
The trustees, however, say the ouster bid is a ploy by the Karume kin to forcibly take over their father’s property.
Ms Nduta — the late tycoon’s sister and one of the trustees — says that the children were informed of the plan to renovate Pizza Garden, a popular restaurant in Nairobi’s Westlands suburb, that is part of the estate.
Mr Waireri says that the orders published by the children gave the impression that the judges had placed a caveat on all moveable properties of the Njenga Karume Trust, while the directions given by the judges only affected immovable properties.