By Collins Wanzallah
Milimani Senior Principal Magistrate Geoffrey Onsarigo has ruled that a director of a tea company, Kirubi Kamau, has a case to answer regarding charges of forgery. Kamau is accused of forging the stamp and signature of a lawyer who passed away 11 years earlier to file returns at the State Law Office and remove four fellow directors from the company.
Magistrate Onsarigo stated, “After reviewing the evidence presented by the prosecution, I find sufficient grounds to require the accused to defend himself.” The court has scheduled Kamau’s defence for October 3, 2024. He has opted to give a sworn defence and will call one witness. “Your honour, I will give a sworn defense and call one witness,” Kamau informed the court.
The case centres on allegations that Kamau forged the signature and stamp of the late lawyer Mburu Mbugua on documents used to falsely claim that four directors of Central Highland Tea Company Limited had resigned. These directors—Meshack Kibunja Kaburi, Daniel Wanjie Waruingi, James Njukia Ihura, and David Macharia Gichure—were allegedly removed from the company’s leadership based on forged affidavits submitted by Kamau in June 2019.
Evidence presented in court includes testimony from the Registrar of Companies, who discovered the forged signature and stamps on the documents. Additionally, DCI officer Schola Mwaura, who investigated the case, confirmed that Kamau had signed the returns and provided his cellphone number. Mwaura also presented the death certificate and obituary of the late Mburu Mbugua, confirming that the lawyer had died in December 2008. A report from the Law Society of Kenya (LSK) indicated that Mbugua had not appointed any successor to act on his behalf.
Mwaura’s testimony, backed by a forensic document examiner, further revealed that the signatures on the four directors’ affidavits were forged. The directors themselves testified that they were shocked to learn of their alleged resignations, as they had not stepped down from the company. Kamau faces 20 counts of forgery and uttering forged documents, which he denies, accusing the police of malicious prosecution. Mwaura refuted this, asserting that the case was pursued in the interest of justice.
The charges state that Kamau, along with others not before the court, forged the stamp and signature used in the affidavits, which purportedly showed the directors had resigned. He is also accused of submitting the forged documents to the Registrar of Companies in June 2019. Kamau, who is currently out on bond, continues to deny all charges.
