Matiba back in court seeking Sh445m more in damages

Mr Kenneth Matiba. FILE PHOTO | NMG
Mr Kenneth Matiba. FILE PHOTO | NMG 

Veteran politician Kenneth Matiba is back in court to seek an additional Sh445 million compensation for his unlawful detention in the early 1990s and collapsed business empire.

He has already been awarded half a billion shillings for damages.

The 85-year-old former Kiharu MP, who suffered a stroke in jail, says the court understated the compensation and he is now demanding Sh945 million in total.

Mr Matiba said Justice Isaac Lenaola awarded him 20 per cent of the Sh4,726,332,042 for the loss of business and argues that the court erroneously put the figure at Sh471.6 million.

The court had also awarded him Sh15 million in damages and for violations suffered, another Sh18.1 million for medical expenses, pushing the total payout to Sh504.7 million.

Without medication

“The 20 per cent of Sh4,726,332,042 should be Sh945, 664,258.  It is necessary to correct the error in the judgment because this might occasion him losses,” said Matiba’s lawyer John Mburu.

Justice Lenaola, now a judge of the Supreme Court, noted that Mr Matiba suffered the stroke on May 26, 1991, but remained in detention without medication for one week during the era of President Daniel arap Moi.

The judge said Mr Matiba was fit physically as he used to climb mountains, but was reduced to “a state of complete inactivity”.

Justice Lenaola, however, declined a demand by Mr Matiba for the refurbishment of one of his hotels, saying he was stretching his claims to far.

Lost Sh5 billion

Mr Matiba had argued that he lost investments worth Sh5 billion following his detention in 1990. 

One of the witnesses in the case, financial and investment analyst Lawrence Murigi, said Mr Matiba’s businesses started collapsing soon after his detention.

An audit of the estate had revealed that the politician lost more than Sh2 billion in commercial real estate and a further Sh2 billion in privately held shares.