Mr Githunguri’s daughters Lilian Joy Ngagaki and Lilian Wanjiru moved to court in April last year saying their father suffers from dementia and requires to be placed under urgent care.
Justice Mugure Thande had allowed the application by the son in June but Ms Nyagaki moved to the Court of Appeal saying the court had found the former Kiambaa MP in contempt of court and risks arrest if he fails to appear as directed.
The son of billionaire Stanley Munga Githunguri has secured court victory to question him in a multibillion-shilling property row.
This is after the Court of Appeal dismissed an objection raised by Mr Githunguri’s daughters, seeking to block him from appearing before High Court judge for questioning as requested by Mr Joseph Munga, his eldest son. The disputed property has not been mentioned in the ruling.
Mr Githunguri’s daughters Lilian Joy Ngagaki and Lilian Wanjiru moved to court in April last year saying their father suffers from dementia and requires to be placed under urgent care.
Justice Mugure Thande had allowed the application by the son in June but Ms Nyagaki moved to the Court of Appeal saying the court had found the former Kiambaa MP in contempt of court and risks arrest if he fails to appear as directed.
In the ruling, Justices Asike Makhandia, Jamila Mohammed and Sankale ole Kantai said although the appeal was arguable, Ms Nyagaki had failed to convince them that the appeal would be rendered useless unless the ordered is granted.
Mr Githunguri, who once worked as a coffee picker in what is now Nyari and New Muthaiga up-scale housing estates, owns Lilian Towers, where Nairobi Safari Club sits and Ridgeways Mall and huge tracts of land in Kiambaa and Ruiru in Kiambu.
The Court of Appeal judges further said in the ruling that the issue of warrant of arrest was not indicated when the High Court judge made the order in June.
“The upshot is that the application dated 9th June, 2020 is without merit and the same is hereby dismissed,” the judges said.
Ms Nyagaki told the court that her father was of advanced age, is frail and ailing from a number of ailments including diabetes, blood pressure, and has undergone a kidney transplant. She also sought for the suspension of the proceedings before the High Court, pending the determination of the appeal.
Mr Munga opposed the application saying court order must be obeyed. According to him, the examination and presentation of the elderly tycoon will take place at his residence.
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