Tourism Cabinet Secretary Alfred Mutua faces a lawsuit after a Nairobi investor rushed to court in a bid to have him pay Sh60 million for alleged purchase of shares in a city hotel.
Ubhi Ripthuman Singh, in a case at the High Court, claims he signed a deal with Dr Mutua in which he sold him 15 shares of hotel Brazilian Rodizio Limited in Lavington on October 6, 2022.
According to Sigh, the deal outlined that the CS pays Sh60 million to a joint account in the names of their advocates within 30 days but Dr Mutua failed to honour the said agreement.
He alleges that they had agreed that the Brazilian Rodizio directors would set up a meeting to endorse the transaction and also transfer his legal title of the mentioned shares to the CS.
The said investor also claims to have written to the former Machakos County Governor on June 28, 2023 making a formal demand for the said payment but he received no response.
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Dr Mutua, who was recently moved from the Foreign Affairs to Tourism docket, as well as co-director Emily Chebey Loroupe and the said hotel have been mentioned as respondents.
According to the suit, Dr Mutua was duly registered as a director and the majority shareholder of The Brazilian Rodizio Limited on receiving the 15 shares sold to him by Singh.
Singh, a co-director, further accuses the CS of sidelining him in the running of the firm and is raising fears that he might be exposed to liabilities in case the company is mismanaged.
He further claims to have been alerted of suspicious transactions conducted without his knowledge and approval through the company’s bank accounts at NCBA’s Lavington branch.
He further claims that his requests for details relating to the 2022-2023 Financial Year.
“In the circumstances, it has therefore become necessary and urgent to seek this court's intervention to protect the applicant (Sigh) from being subjected to further prejudice by the respondents pending the hearing and the determination of the application herein inter-parties as well as the main suit,” reads the document.
Singh wants the High Court to bar his co-directors from withdrawing, transferring or dealing with cash in three bank accounts opened in the hotel's name until the case determined.
He also wants them compelled to avail copies of the hotel's audited accounts and income tax return for 2022; financial statements, income statement and cash flow statement for FY 2022/23; debtors and creditors report, bank reconciliation report and accounts of directors.