A Murang’a county tea company director charged with forging the signature and stamp of a lawyer who had died eleven years ago to remove four directors from leadership has been put on his defence.
Kamau Kirubi who defended himself under oath before Senior Principal Magistrate Geoffrey Onsarigo claimed that the four directors were among seven who voluntarily resigned from leadership in a bid to cut costs and expenditure at the company.
“The four directors I am accused of engineering their removal from Central Highland Tea Company Limited (CHTCL) were among seven directors who had voluntarily opted to resign,” Kirubi told Onsarigo
He said the minutes of their willingness to resign were filed at the Company Registry by lawyer C.N Kihara in 2018.
Denying that he forged the stamp and signature of the deceased lawyer Robert Mburu Mbugua to file returns removing Meshack Kibunja Kaburi, Daniel Wanjie Waruingi, James Njukia Ihura and David Macharia Gichure from leadership, Kirubi said; “I did not even know the said lawyer.”
Kirubi told the magistrate that after the resolution that the seven directors resign from the leadership of CHTCL without affecting their shareholding, Kihara who was the chairman of the company and legal advisor filed returns at the company registry in 2018.
Asked why he was not among those who tesgined, Kirubi replied; “l was the vice-chairman of the tea company and I offered a lot of logistical support in bank financial matters.”
He claimed that he used to engage banks on behalf of the company to secure loans for the company.
The accused said Kihara gave indemnity to the Registrar of Companies when he filed returns in 2018.
“Did you forge the returns for the tea company at the company registry,” his lawyer asked him.
“No I did not forge any returns. I even do not know the lawyer I am being asked about,” Kirubi answered.
Kirubi is charged with forging lawyer Robert Mburu Mbugua’s company stamp and signature in 2019 when he filed the returns. Mbugua died in 2008.
Kirubi told the magistrate that a secretary, Ms Jacinta Ndirangu is the one who accessed his e-citizen then downloaded the returns which led to his arrest and arraignment.
When Kirubi was cross-examined by the prosecuting counsel he could not explain why there existed two sets of returns at the company registry filed within the same period of 2019 over the same tea company.
“Besides mere denials do you have any other evidence to show that you did not forge these returns,” the prosecuting counsel asked him.
“I do not have any other evidence. I did not forge the returns. Mr Kihara filed returns for the company not me and he gave indemnity,” Kirubi answered.
Kirubi has denied 20 counts of forging a stamp impression and signature of the late Robert Mburu Mbugua (advocate) to deceive that four directors of Central Highland Tea Company Limited had resigned from leadership.
Kamau is accused of forging letters and affidavits of resignations of Meshack Kibunja Kaburi, Daniel Wanjie Waruingi, James Njukia Ihura and David Macharia Gichure from the leadership of Central Highland Tea Company Limited.
Kamau allegedly presented the four affidavits at the Registrar of Companies in June 27, 2019 purporting that they had been signed by the late Mburu Mbugua who had died in December 2008.
A Directorate of Criminal Investigations (DCI) Officer Schola Mwaura attached to Central Police Station Nairobi who investigated the case told Onsarigo in her testimony that the accused appended his signature and indicated his cellphone number on the returns he lodged at the company registry at the State Law Office.
Ms Mwaura presented a death certificate of the deceased lawyer and the Obituary published by the Daily Nation in her evidence in the case as proof that the advocate had passed on.
KenyanHour 