A former Nakumatt supermarket. FILE PHOTO | NMG The High Court has stopped the distribution of assets belonging to Nakumatt Holdings Ltd pending the determination of a case filed by the widow of its former internal auditor over non-payment of Sh30 million insurance claim.
This means the creditors of the collapsed supermarket chain giant, which collapsed with a Sh40 billion debt, will wait for an indefinite period before receiving their dues. The creditors include banks and suppliers.
Justice Alfred Mabeya said in the event the administrator of Nakumatt, Peter Kahi, has so distributed the assets, he is ordered to set aside in an interest-bearing account a sum of Sh30 million to cater for the claim raised by the widow of the former internal auditor James Maina Karanja who was shot dead under mysterious circumstances in June 2015.
The judge further ordered Mr Kahi to provide a statement for the bank account of Nakumatt Holdings Limited held in Standard Chartered Bank , Kenyatta Avenue Branch for the period between October 1, 2015 to June 17, 2021 within 30 days.
He made the order after the widow, Latoya Mghoi Kaka, said Nakumatt did not remit a Sh30 million insurance payout to Karanja’s family despite receiving the sum from Kenindia Insurance. She said the money was paid into Nakumatt’s account for onward transmission to the estate of the late James Karanja Maina.
She tendered documentary evidence to support her claim. She also contended that despite obtaining a certificate for confirmation of grant, the death benefits were not transferred to the beneficiaries.
"It is in the interest of justice that the account statements be tendered in court by the administrator, to enable this court make an informed decision. I, therefore, find that the plaintiff’s (widow) prayer for discovery is warranted," said the judge.
The widow stated that Karanja was an employee of Nakumatt until his demise and that during his employment, he was placed under an insurance policy with Kenindia Assurance Limited which covered his pension, last expense and work injury as benefits.