A statement obtained by kenyagist.com on Monday, May 9, indicated that the Business Registration Service (BRS) restored Ng’ang’a’s ownership of the shares arguing that she had not consented to their transfer.
The letter signed by Anne Kanake, a Senior Assistant Registrar of Companies, and addressed to Murgor and Murgor Advocates and B.M Musau & Co Advocates, showed that BRS had reversed the transfer after conducting investigations.
The former couple had set up the company, Ndash Enterprises, which owns A&L Hotel, with each partner owning 2,000 shares, representing 50 per cent.
“This is to notify the public that after a detailed inquiry into the transfer of the 1800 shares, the Registrar of Companies on May 6, 2022 found merit in the complaint by Ms. Ng’ang’a, and has reversed the entry into the company and the fraudulent transfer of the 1800 shares.
“The current position, therefore, is reflected in the attached CR 12 dated May 9, 2022, in which Governor Alfred Mutua and Ms Lilian Ng’ang’a hold 2000 shares each, effectively making them 50% shareholders each in Ndash Enterprises Ltd and by extension A&L Hotel in Machakos,” read the statement, by Philip Murgor, representing Ms Ng’ang’a.
A statement by BRS indicated that the Directorate of Criminal Investigations (DCI) had opened investigations into the matter.
The ownership row was first brought to the fore by Ng’ang’a in November 2021 when she raised an alarm over plans to transfer her shares to the company.
In his response, Governor Mutua’s representatives argued that there was no fraud involved in the transfer of shares and that the team had discussed with the former Machakos first lady before the transfer.
Ng’ang’a, however, denied knowledge of the development which compelled BRS to stop the transfer.
“Based on the response received from the complainant that she did not consent to the transfer of her shares neither was she aware of the resolutions dated June 10, 2021, The Registrar finds that there is a reason to invoke the provisions of Section 862 of the Companies Act 2015, and hereby notifies the parties that the impugned changes in the aforementioned company have been expunged from the register and the ownership of the company restored to the shareholding prior to the changes lodged with the Registrar on August 11, 2021,” read the BRS statement in part.
During her complaint, Ng’ang’a also argued that the Governor had attempted to confiscate her car in September 2021 with the aim of transferring it to a third party.
Source: KENYAGIST.COM