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Bakery to pay widow Sh1.4m for husband death

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Thika-based confectionery firm, Broadways Bakery, has been directed by a court to pay a Nyeri widow Sh1.4 million as damages following her husband’s death in a road accident 19 years ago that involved the firm’s motor vehicle.

Justice Teresiah Matheka of the High Court in Nyeri found the bakery’s car responsible for causing the death of a cyclist, Samwel Wachira Mwangi, on August 4, 2000 on the Nyeri-Karatina road.

The deceased’s wife Phyllis Wakonyu sued the company in August 1, 2003 seeking special and general damages.

She said on August 4, 2000, her husband was cycling on the road when the company’s driver negligently drove the Canter lorry that collided with him.

Broadways in its defence dated September 24, 2003 admitted the occurrence of the accident but denied any negligence on its part, attributing it to negligence by Mr Mwangi.

“This is a driver who had been on the road for 16 hours. His own turn boy was sleeping at the time of the accident, a clear indication of the fatigue the two must have had. He did not want to accept the natural fact that driving for 16 hours could impair one’s judgment,” said Justice Matheka.

source:nation.co.ke

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How Diamond Lalji became a bankrupt millionaire

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Picture this: Your friend asks you to guarantee his/her sacco loan. You automatically agree because you know him/her well. Besides, the sacco is known to be flexible with defaulters.

Sadly, things don’t go according to plan, life gets tough and your friend defaults. But his/her assets are not enough to recover the loan, so the sacco comes after you and other guarantors.

PETITION

Unfortunately, you can’t pay up, so the sacco files a bankruptcy petition against you and succeeds.

Within no time, you’re declared flat broke and an insolvency practitioner appointed to run whatever little exists of your estate.

This scenario is now real for thousands of Kenyans following a court judgement that declared former Cereal Millers Association chairman Diamond Hasham Lalji bankrupt on March 1.

The tycoon, whose business empire boasts no fewer than 16 companies in various industries, failed to repay a $4.8 million (Sh480 million) debt three of his companies owed American grain bulk handler, Cargill.

On January 16, 2017, Mr Lalji agreed to guarantee three of his flour milling companies — Premier Flour Mills, Maize Milling Company and Milling Corporation of Kenya — which had owed Cargill since it supplied them with maize in 2012.

At the time, the three firms owed $5.2 million (Sh520 million). Milling Corporation owed Sh274.95 million, Premier Flour Mills Sh192.25 million and Maize Milling Sh48.95 million.

But after the businessman failed to pay up as agreed, Cargill filed an insolvency petition against him.

TITLE DEEDS

Mr Lalji on Friday filed an appeal against the bankruptcy order issued by Justice Francis Tuiyott.

The Court of Appeal will mention the case Monday and decide whether to suspend Justice Tuiyott’s order, as Mr Lalji looks to convince the appellate judges to dismiss the order permanently. Justice Tuiyott’s ruling is likely to create anxiety among loan guarantors, since they could meet a fate similar to Mr Lalji’s.

Justice Tuiyott ordered that Anthony Makenzi Muthui of Ernst & Young take the over management of Mr Lalji’s estate as a receiver manager to recover Cargill’s debt.

Usually, the appointment of a statutory manager to handle a bankrupt individual’s estate is left to the official receiver. But Justice Tuiyott held that the official receiver had accepted Cargill’s nomination of Mr Muthusi, and that Mr Lalji did not contest the arrangement.

Justice Tuiyott agreed with Cargill’s argument that Mr Lalji did not give adequate details on six parcels of land worth Sh330 million that he offered to sell to offset part of Cargill’s debt. The businessman faulted Cargill for turning down his repayment proposal, which included the six title deeds as security.

DISCLOSURE

He also asked Justice Tuiyott to consider that his three firms had repaid Sh34 million since the insolvency petition was filed. But Cargill insisted that the Sh30 million was too little, since Mr Lalji had promised to pay Sh100 million.

Justice Tuiyott ruled that there was no evidence to verify the value of the land Mr Lalji pledged as security. “The identity of the properties to be sold is not disclosed and neither is a professional opinion of the value demonstrated. In the circumstances, a creditor would be rightly entitled to doubt the credibility of the proposal made.”

The court added that Mr Lalji’s failure to make a disclosure of all his assets and liabilities did not help his argument, because it is only upon such disclosure that the court can evaluate his ability to meet the offer. “And it cannot be ignored that the promise to pay the debt is by the very companies whose default led to the guarantee that has given rise to Mr Lalji’s apparent insolvency” Justice Tuiyott ruled.

Justice Tuiyott had ruled that Cargill was not unreasonable in turning down a repayment proposal by Mr Laji, which would have seen the debt repaid in instalments running through to April, 2023. After Cargill filed the insolvency petition, Mr Lalji proposed to give the firm the six pieces of land, which he was ready to sell, as security.

source:nation.co.ke

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I quit a job to be a stay-at-home mother

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Agnes Gathaiya, the CEO of Integrated Payment Services once quit a job to be a stay-at-home mother. The lull in her career did not slow down her career trajectory.

She says that she has never had to think about how she rose to the top. She did not map out her career path consciously. Her leadership roles at Deloitte Consulting, SAP and Safaricom came almost organically as a result of opportunities and risks.

“And when I speak to young women on leadership and they ask me how I got here as a woman, I find it strange because I never quite had to think of myself as a woman in a workplace,” she told JACKSON BIKO

So gender was never a question for you?

Not entirely, I just wasn’t conscious of it. But when I recently sat down to think of my life’s journey, I could actually circle off specific things that would never have happened to my colleagues who were male or decisions that I’ve taken that have not necessarily stagnated me but have taken me in a different direction. I think it’s important that you make sure your trajectory remains true to what it is you want and you keep moving at the same speed as you want to move while still incorporating the different seasons in your life that you must have as a woman.

What’s your story, what season is this you are in?

For the last 10 years I have been on the motherhood season. At some point when I was at SAP, which remains one of the most exciting and vibrant jobs I have had, I woke up one day and said ‘this is not working for my child.’ I lived on a plane and I’m a single mum. To the shock of my bosses and everybody, I walked in that day and resigned. I resigned knowing that I was going to sit at home for six months and do nothing but take care of my child; wake up with her, have breakfast with her, take her to school, go back home, read a newspaper, wait for her to come back from school at 1.30pm or pick her, come back home and nap. It was fantastic.

I had never gotten to nap in the afternoon in my career (laughs). So did the break stop or slow my career trajectory? No, it didn’t.

Have you been a decent mother since?

What makes you a good mother?

We have a dual relationship with my daughter. About 90 percent of the time we are friends; we laugh, she calls me every day as soon as she gets home whether I’m in the office or not. She tells me about her day from beginning to the end. She is 10 years old.

The other 10 percent, I’m actually a mum and I’m very hard on her. And because it’s just the two of us, we have a good understanding of what our roles are in this life. She understands her roles and responsibilities and she holds me accountable if I don’t meet mine.

(Laughs) I know. You know everybody says that.

Do you see yourself in her?

A lot! She is very structured, inherently, like me. My biggest fear is that when things get unstructured as they often will in life, she might not know how to handle that.

How much of the father do you see in her?

(Pause) She is musical which I’m not. She loves music, her school has a fantastic music programme that encourages children to pick an orchestra instrument and learn it for about six to seven years. She plays a trumpet.

What has happened in your life this year that you found very unreal?

One day I walked into my house and decided that I was going to sell my sofas that I bought last year. The moment they arrived, I hated them and they have irritated me since. So I called the gentleman who sold them and he asked me to take photos of them and the next day they were gone. Now I don’t have sofas in my house. We sit at our dining table. I check my daughter’s homework, sign her school diary and eat dinner from there. (Chuckles)

If motherhood was suddenly taken away from you, what percentage of yourself would be left?

Probably 25 percent. (Laughs) My friends keep telling me I need a man.

Like I said I’m in this season of motherhood now and my daughter is important. She needs to not just perceive but completely feel in every fibre of her being that she is everything. I think it’s important for her stability and her foundation. When she leaves for high school, in another five years, my next season will start at which point I will retire from work.

What are you going to do when you retire?

We bought some land in Nanyuki…

‘We’ being?

She and I.

Oh, she has a good job…

(Laughs) My plan is actually to move to Nanyuki. We’ve already started fencing, digging a borehole and in five years I want to have a house up. We will have a farm. I’m a farm girl. I grew up in a farm in 21-acre farm in Karen.

I bet you had a river running through it?

We actually had a river. (Laughs) We had cows, pigs and lots of chicken. We planted potatoes, yams, kale etc. I used to wake up at 4am to weigh all the milk that was coming in, package it for different customers, put it in the car and then go shower and get ready for school.

When we would come back from school in the evening, we’d go to the farm and identify big potatoes, peel them and make chips. That was our after-school snack before doing our homework. They were the best French fries you have ever tasted (Laughs). Therefore, I want to retire like that; fill my days with farming. I’ll also apply for a job at the county, that will be my giveback.

What animal spirit are you?

I’m a cheetah; it’s graceful and wise. A cheetah will never expend unnecessary energy. It’s either 100 percent sure of the chase or it will not start the chase. (Laughs).

What character do you most detest in others?

Dishonesty.

Is there one person that you’d like to have dinner with, and what would you ask them?

Andrea Bocelli. His soul is musical! I mean, every pore in him is alive. I would think his life would have been a little more challenging than the rest of us, and yet he exudes joy in everything he does. Whenever I’m having a moment, rough or wherever, I put his music loud, and my soul rests. I would also love to have dinner with him and his wife. He has the most beautiful woman for a wife. I would love to know about her journey.

The bigger fear in life?

To pass on before my daughter.

What don’t people know about you?

That I’m nice.

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ODM Politician among those arrested over Ksh2 Billion Fake Cash at Bank

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A politician was on Tuesday arrested in connection to the fake Ksh2 billion that was discovered at a safety deposit box at Barclays bank, Queensway branch.

The owner of the safety deposit box, Dr Eric Otieno Adede, had vied for the Homabay Town Constituency seat in 2017 but lost to Peter Opondo Kaluma.

The identities of other individuals being held in connection to the fake cash syndicate are Ahmed Shah, who was posing as an investor, accomplices Elizabeth Muthoni and Irene Wairimu Kimani as well as Boaz Ochich and Charles Manzi who are bank officials.

The bank clarified that the contents of the deposit box were only known to the politician.

Initial reports had stated that the money seized was Ksh17 billion but Directorate of Criminal Investigations George Kinoti clarified that the money was valued at Ksh2 billion.

The money had been kept in the safety deposit box in denominations of $100 bills.

 

 

Dr Eric Otieno Adede’s poster for the 2017 General Election

Tuesday’s bust comes barely a month after DCI detectives discovered Ksh32 billion in fake currency at a house in Ruiru, Kiambu County.

The police revealed that the currencies, which included both local and foreign, was linked to one of the suspects who impersonated President Uhuru Kenyatta.

The currency, estimated to be in billions, had been traded out to unsuspecting Kenyans in Shillings, Dollars, Japanese Yen and other denominations.

In an earlier report by Kenyans.co.ketwo of the seven suspects lived lavish lifestyles with one owning a fully furnished 10-bedroom house in Karen and the other having spent Kshs 5 million on a wedding attended by MPs in 2017.

The suspects included Duncan MuchaiIsaac WajekecheWilliam SimiyuDavid Luganya, Anthony Wafula, Gilbert Kirunja and Joseph Waswa alias Henry Waswa.

Clockwise: Ahmed Shah, Erick Adede, Irene Wairimu Kimani, Elizabeth Muthoni arrested in over to fake Ksh2 billion syndicate

-kenyans.co.ke

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