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Wednesday, 17 October 2012

UoN Don's endless litigation

UoN Don's 
record litigation 
Prof Mbithi outside his Kangundo Home
An open letter to Chief Justice Hon Willy Mutunga



NK/JMM/L/12

04.10.12

The Chief Justice
P.O. Box 30041 00100
Nairobi

Dear Sir

RE:
CRIMINAL CASE 1652 OF 2009 MILIMANI (Prof. Peter Mbithi (Uncle) Vs Teresia Ndunge Mwanzia (Niece) (Sms)
CRIMINAL CASE 410 OF 2010 MILIMANI (Prof. Peter Mbithi (Uncle) Vs Teresia Ndunge Mwanzia (Niece) (Sms)
CRIMINAL CASE 444/603/2011 KANGUNDO  (Pascaline M. Mwanzia (Niece) Vs Charles K. Mbithi (Uncle) (Assault)
CRIMINAL CASE 04 OF 2012 KANGUNDO (Joseph M. Mbithi Vs Charles K. Mbithi (Brothers) (Malicious damage)
CRIMINAL CASE  05/2012 KANGUNDO (Joseph M. Mbithi Vs Prof. Peter Mbithi ( Brothers) (Malicious damage)
HIGH COURT JR. MIS.15 OF 2012 MILIMANI (Prof. Peter M. Mbithi Vs Joseph M.  Mbithi (Brothers) (Malicious damage)
CIVIL CASE 338 OF 2012 MILIMANI (Prof. Peter Mbithi Vs Joseph Mbithi & Josephat M. Mwanzia (Father & Son) (Defamation)
CIVIL SUIT 94 OF 2012 KANGUNDO (Teresia Muindi Mbithi (Mother) Vs Joseph Mwanzia Mbithi (Son) (Land)

The above eight cases, both criminal and civil, revolve around the family of the late Felix Mbithi Kiamba where his sons namely Joseph Mwanzia Mbithi and Prof. Peter Mulwa Mbithi and their respective family members are the key players either as suspects, complainants, plaintiffs, defendants or and interested parties.
You will note that these cases relate to a short period between 2009 and 2012 while all of them are inter-related in one way or the other.

They relate to the family disputes between the two families and involve a lot of malice and bad will between individuals.  At this rate, some more are likely to arise as they are not done in good faith.

There is a lot of false statements, mis-information, mis-statement and lies in the documents filed in Court. We write this letter to suggest that all these cases be examined all at once, in depth, and subject them to investigation, without prejudice the right to justice to any of the concerned, without a view to settling them and re-gaining family harmony.
Yours Faithfully

Njoroge O. Kimani and Co. Advocates
Dr. Njoroge O. Kimani
Advocate 
Cc: Attorney General
Client

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