GAZETTE NOTICE NO. 3811

NOTICE is given that a Petition for Orders that— an Order quashing all the changes in shareholding and directorship in the Nominal Respondent done without the knowledge and participation of the Petitioner, together with the attendant returns filed with the Registrar of Companies; and a declaration that the affairs of the Nominal Respondent Company have been conducted and/or managed in an oppressive manner, by and/or, through the influence of the Respondent; and a declaration that the Respondent has conducted the affairs of the Nominal Respondent Company in a manner oppressive to the rights, interests and entitlement of a part of the shareholders of the Nominal Respondent; and - a permanent injunction restraining the Respondent, either directly, or acting through any other person, from selling, transferring, alienating or effecting the registration of any transfer of the assets of the Nominal Respondent Company, and/or in any way dealing with the assets of the Company; and an Order for the forensic audit of the Nominal Respondent Company financial accounts and reports from year 1990 to the present or to such a date as the Court may direct; and 69 an Order for the production and inspection of all audited annual financial statements from year 1990 to-date; all books of accounts; all bank statements in respect of all Company accounts; all annual and other tax returns filed by the Company; and any other accounting document held and maintained by or on behalf of the Nominal Respondent Company; and (g) an Order for the production and inspection of all records of meetings of the Shareholders and Directors of the Nominal Respondent Company, including notices convening the meetings, resolutions waiving issuance of such notices (if any), agendas for each meeting, minutes of all such meetings, and resolutions or extracts thereof of all such meetings; and (Ii) an Order for the production and inspection of all contracts and agreements of whatever form or nature entered into by the Respondent on behalf of the Nominal Respondent Company; and (i) an Order for the production and inspection of all audit reports, external and internal, in respect of audits and inspections. carried out on the Nominal Respondent Company's assets and/or business at any time and for any purpose; and 0) an Order for the production and inspection of all appraisals, assessments and/or valuations carried out in respect of the Nominal Respondent Company's assets and/or business at any time and for any purpose; and (k) an Order restoring to the Nominal Respondent Company all the assets and resources that may have been expropriated by the 'Respondent; and (1) an Order that the Respondent is personally liable to indemnify the Nominal Respondent Company from all liabilities occasioned by commitments made in contracts and agreements of whatever form or nature entered by the Respondent purporting to act on behalf of the Nominal Respondent Company; or in the alternative and without prejudice to the aforesaid prayers, an order that the Petitioner be paid a sum of Kenya shillings 230,000,000.00 being reasonable and valuable compensation for his shareholding in the Nominal Respondent Company in order for the Petitioner' to exit the Company and leave it to the Respondent to manage and run as he deems fit; or in the alternative and without prejudice to any of the aforesaid prayers, an order that the Petitioner be paid a sum of Kenya' shillings 120,000,000.00 together with a transfer of all that parcel of land known as parcel of land known as Title Number Nyaki/Giaki-Kiburine/393 in favour of the Petitioner being reasonable and valuable compensation for his shareholding in the Nominal Respondent Company in order for the Petitioner to exit the Company and leave it to the Respondent to manage and run as he deems fit; and costs of the Petition herein; and or that such other order may be made in the premises as shall be just, was presented to the High Court of Kenya at Nairobi (Commercial & Admiralty Division), Miliman'i Law Courts, Nairobi on the 10th day of March 2016 by Arbi Alirnohamed Mussani of Post Office Box No. 45787-00100, Nairobi. And that the Petition shall be heard before the High Court of Kenya at Nairobi (Commercial & Admiralty Division), Milimani Law Courts, Nairobi on such day as the Deputy Registrar of the said Court shall appoint; and any creditor or contributor of the said Company desirous to support or oppose the making of an order on the said Petition may appear at any time of the hearing, in person, or by his Advocate, for that purpose; and a copy of the Petition will be furnished by the undersigned to any creditor or contributory of the said Company requiring such copy on payment of the regulated charge for the same. 27th May, 2016 THE KENYA GAZETTE 2263 !"l Note: Any person who intends to -appear on the hearing of the said Petition must serve on or send by post to the above-named Advocates notice in writing of his intention so to do. The notice must state the name and address of the Firm, and must be signed by the person or the Firm, or his or their Advocate, if any, and must be served, or if posted, must be sent by post in sufficient time to reach the above named Advocates not later than 4.00 p.m. of the day immediately preceding the hearing date as shall be appointed by the Deputy Registrar of the. aforesaid Court. Dated the 29th April, 2016. MUTHOGA GATURU & COMPANY, MR194968 15 . Advocates for the Petitioner.