REPLACE NAMES

Matiba children seek to lock lawyer out of Sh504m award

They accuse him of not acting on their instructions to have them enjoined in their father's case

In Summary

• The three want the court to replace their father's name with theirs in suit papers to enable them to follow up the compensation money. 

• Matiba was awarded the money for his detention by the state without any medical care after suffering a stroke. 

Late Kenneth Matiba
Late Kenneth Matiba
Image: FILE

Three children of politician Kenneth Matiba want the court to allow them to pursue payment and manage Sh504 million awarded to their late father.

Julie Matiba, Susan Matiba and Raymond Matiba want the court to replace their father's name with theirs in the suit papers to enable them to follow up the compensation money and ensure the estate does not suffer.   

They claim that lawyer John Mburu did not act on their instructions to have them enjoined in the suit in place of their father, leading to "jeopardy of their father's estate with respect to the execution of the compensation money".

 

They want to be brought on board in the case to pursue the money awarded to their father, ascertain the lawyer's legal fees and settle it. 

The money was awarded to Matiba as compensation for his detention during the clamour for multi-party democracy. It was awarded by Judge Isaac Lenaola, who noted that Matiba suffered a stroke on May 26, 1991, but remained in detention without any medical care for almost a week.

The judge ruled that the state should foot only 20 per cent of the Sh4,726,332,042 Matiba had sought for the collapse of his businesses during his tribulations.

Lenaola had noted in his ruling that real justice can be expensive and that the compensation is a lesson that no one should suffer such injustice.

Matiba died on April 15, 2018, before the money was paid. There have been fights over the cash since then. Lawyers have accused the state of quietly releasing part of the money to the family without involving them.

The Matiba children moved to court on Tuesday seeking to avert possible wasting of the estate and disadvantage that might arise from having their father's name on the suit papers and as the recipient of the cash.

"It is in the interest of justice and best interest of the estate of the deceased petitioner (Matiba) that he is substituted with his personal representatives so they can pursue the payment of the decretal sum as well as attend to the claim of legal fees and pursue the costs awarded to the petitioner herein," their application reads. 

 

The children say the court had, on August 29, last year, given them permission to manage their father's estate. 

They argue that no one will suffer prejudice if their names replace their father's.

(Edited by R.Wamochie)