Ex-spy chief's son to pursue Sh2bn from Moi estate

Former President Daniel Moi. Moi’s will be the second State funeral with full civilian and military ceremonial honours. PHOTO | FILE | NATION MEDIA GROUP

The Supreme Court has given a former spy chief’s son the go-ahead to pursue a Sh1.9 billion compensation suit against the estate of the late President Daniel arap Moi over alleged land grabbing. 

The apex court allowed Mr Gitonga Mwangi to proceed with the case on behalf of his father, former deputy director of Intelligence Stephen Mwangi Muriithi, who died in June 2021.

In the suit that escalated to the Supreme Court in 2018, Muriithi accused the late Moi of forcibly seizing his property in the 1980s, a move that rendered him poor and destitute.

The former spy chief also accused Moi — his former business partner — of unlawfully detaining him without trial and taking over jointly held properties including land, buildings and shares in three companies.

The High Court in 2011 awarded the former deputy director of intelligence Sh1.9 billion as compensation for loss of his properties and damages for illegal detention.

Moi had challenged the award and the appellate court overturned the judgment in 2014 on grounds that he was not personally responsible for Muriithi’s detention as it was an action of the state.

This judgment triggered another appeal at the Supreme Court by Muriithi.

Moi died in February 2020 and Muriithi the following year.

The court battle will now proceed and likely be determined posthumously. 

The defendants in the suit are lawyer Zehrabanu Jan Mohammed, a Senior Counsel who is the executor of Moi’s will, and Raymark Limited, a company owned by Moi.

While allowing a request by Murithi’s family to allow substitution of the petitioner in the suit, the Supreme

Court noted that the application was filed without delay and Moi’s estate failed to file any response.

“The motion of substitution was lodged within 12 months of Muriithi’s demise. Moreover, the respondents have not filed any response to indicate whether an order of substitution would cause them any prejudice,” said the Supreme Court bench presided by Chief Justice Martha Koome. 

The other judges in the bench included Deputy Chief Justice Philomena Mwilu and Justices Smokin Wanjala, Njoki Ndung’u and William Ouko. 

Muriithi claimed that the former President had him detained without trial in July 1982 in order to take over properties that they held together with then spymaster James Kanyotu and businessman Sadru Alibhai.

Among the companies in question is Fourways Investments Limited, where  Muriithi reportedly held 40 per cent shareholding, Kanyotu a similar percentage, Sadru Alibhai one per cent and the late Moi 19 per cent.

Also in contention is Sheraton Holdings Limited, where Muriithi allegedly held 40 per cent, Kanyotu 40 per cent and Moi 19 per cent.

It was further claimed that the three each held 33 per cent shareholding in Mokamu Ltd.

These companies owned Kenwood House on Kimathi Street, Atlas Building on Moi Avenue and Ruprani House, but they were sold off while Muriithi was in detention.

He also claimed that Mokamu Ltd owned a 1,020-acre parcel of land in Solai, Nakuru County.
Muriithi claimed the two co-directors subdivided the land while he was in detention and gave him the smallest piece – 110.83 hectares – without consulting him.