Judge George Odunga on Monday told the directors – all related – who have accused each other of embezzling funds from the retail chain to engage each other to amicably resolve their unending wrangles.
“ In the spirit of reconciliation since it is clear that the business is a family venture, it is in their interest to mutually but genuinely and honestly engage each other with a view to arriving at an amicable solution to the issue affecting them otherwise all them stand to lose’’ Odunga admonished.
Odunga declined to stop the investigations by the police and office of the Director of Public Prosecutions (DPP) against the three over Sh1.64 billion fraud, saying the petitioners failed to give satisfactory reason as to why they should be stopped.
“The court cannot interfere with the ongoing investigations by the respondents unless good reasons are given,’’ he ruled.
The applicants had moved to the High Court complaining that the ongoing investigations would infringe their rights and compromise their right to a fair trial.
Investigations by police against the three commenced after they received a report of theft and fraud.
The directors are alleged to have engaged in massive transfer of funds from the supermarket accounts to other companies and individuals.
Tuskys Supermarket Managing Director Stephen Kamau was in May accused of harassing family members who are co-directors of the supermarket by threatening to remove them from the company’s payroll.
Kamau’s co-directors Ann Wamaitha Gatei and Yusuf Mugweru Kamau told the High Court through lawyer Phillip Murgor that they received a memo from the MD on May 20 asking them to show cause why they should continue being in the company’s payroll yet they do not render any services.
Murgor urged the court to summon the MD and order him to desist taking prejudicial actions against family members that could lead to further escalation of the conflict.
“The MD has threatened to remove the complainants from the company’s payroll against orders of this court,’’ Murgor argued.
But the MD through advocate Mirugi Ciuri downplayed contents of the memo saying: “This appears to be purely internal issues of the company. I do not wish to comment on it at the moment until my client gives me instructions.”
Mugweru and Gatei also made a complaint against their co-directors, accusing them of financial mismanagement of the company.