Man sues stepmum over firm left behind by dad

 

A man has sued his stepmother for allegedly forging documents and purporting to be a director in a company left behind by his father.

The family has been embroiled in a succession battle involving Idmus Trading Company Ltd after the death of Idris Makokha Musindalo on January 2, 2017.

On Monday Zubeidah Khasabuli Ibrahim was charged before Makadara law courts with obtaining Sh8,802,330 from the company by falsely pretending to be one of its directors.

She denied all six counts lodged by her stepson, Fami Idris.

The complainant, Fami Idris, said he fears for his life as he has been receiving threatening messages from people who say they will finish him.

She was accused of committing the offence jointly with others not before court between July 2, 2019, and September 2020 in Mumias, Kakamega county.

The court heard that at the time of the alleged offence, Zubeidah had resigned from a directorship in Idmus Trading Ltd.

In the second count, she is charged with stealing Sh8,802,330 from the company’s account at Family Bank in Mumias as she was one of the signatories.

In the third count Zubeidah is accused of writing minutes of a meeting at Idmus Trading Company Ltd offices in Mumias on June 28, 2019. She purported it to be a meeting by four directors of Idmus Ltd, from which two directors - Fami Idris and Sharrif Musindalo Idris - were absent.

In the fourth count she’s accused of uttering minutes made without lawful authority with intent to deceive on July 2, 2019, at the Registrar of Companies.

In the fifth and sixth count she is accused of forging the signatures of Fami Idris, her stepson, and Shariff Idris Musindalo on June 28, 2019,  at the company’s offices in Mumias.

She pleaded not guilty to all counts before Makadara chief magistrate Heston Nyaga.

Through her lawyer, Hassan Nandwa, she accused Buruburu police officers of abducting her from Mumias and bringing her to Nairobi for plea taking.

She filed an application to have her case heard in a Mumias court, raising issues of the jurisdiction of the court to handle the case.

She argued the cause of action arose in Mumias and hence the case should be heard in Mumias. 

Her stepson, the complainant through lawyer Humphrey Manyange objected to the application and said the accused had been arraigned pursuant to Section 72 of the Criminal Procedure Code.

“Both the accused and complainant have a home in Nairobi's Buruburu and also part of the offence herein was committed in Nairobi at the Registrar of Companies offices,” Manyange argued.

In his ruling on Tuesday Nyagah said that the alleged offence having been committed both in Nairobi and Mumias the accused could be charged in either areas of jurisdiction.

“It is important to note that no party should be allowed to choose a court to handle his/her case. The complainant states that he felt helpless in Mumias so he reported the case to CID in Buruburu as an ordinary citizen…it is not shown that he has chosen Buruburu deliberately so as to gain favours,” he ruled.

Nyagah said if the accused feels prejudiced she can ask the High Court to transfer the case to Mumias or any other court.

He freed the accused on cash bail of Sh200,000 and bond of Sh500,000.

The matter will be heard on April 15, 2021.