The controversial Mboi-Kamiti land buying company dispute has taken a new turn after Kiambu High Court Judge Bahati Mwamuye recused himself from the case, paving the way for Justice Francis Nyungu Kyambia to take over.
The case pits directors of the company against shareholders, in a dispute that has dragged on for years.
In an earlier judgment, Justice Dorah Chepkwony directed the parties to hold an Annual General Meeting, following complaints that shareholders had gone for more than two decades without conducting an AGM.
However, the plaintiff’s lawyer, Ruth Kibebo, has challenged the manner in which the meeting and subsequent election were handled, alleging that the defendants failed to comply with legal requirements meant to guarantee transparency and neutrality.
Kibebo told the court that the law firm of Beatrice Ng’ethe acted in multiple capacities, including as the company’s advocate, company secretary, meeting convener and returning officer.
The plaintiff also questioned financial figures contained in an affidavit filed on June 11th, 2026, as well as alleged contradictions on when the AGM was scheduled and concluded.
The lawyer further argued that orders issued by Justice Mwamuye remain in force and cannot be overturned through actions taken by the parties themselves.
Meanwhile, the court heard allegations that assets belonging to the fifth defendant were being disposed of while the matter remains before the court.
Justice Kyambia said he would undertake a comprehensive review of the case record, including previous judgments and the applications currently before him.
The judge is expected to issue directions on the matter on October 1st.
