A file on a case of former president Mwai Kibaki has mysteriously disappeared. Kibaki ws sued for appointments he made at the Kenya Seed Company while he was in office. According to judges Philip Waki, Patrick Kiage and Karanja have confirmed that the file has gotten lost at a time that the appeal was lodged.
Lawyer Stephen Mwenesi who is representing the aggrieved KSC board asked the court to adjourn the case to allow him take further instructions from his client. But the respondent's lawyer Muiruri Ngugi said that he was not aware of the loss of the file saying that the case has been overtaken by events.
In 2003 the former President appointed and gazetted a new chairman in accordance with the State Corporation's Act while the then minister for agriculture appointed a new MD a move that was strongly challenged by the outgoing company Secretary Zakayo Cheruyot and the outgoing MD Nathaniel Tum who in turn filed a case against President Kibaki. High court judge Kihara Kariuki dismissed the case saying that the president is shielded by Section 14(2) of the Constitution from all legal proceedings.
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