British Tycoon Faces Ksh364m Lawsuit Over Equity Dispute in Kenya Real Estate Empire

By Masibo.C   

A former executive at a Kenya-based industrial real estate firm has launched a high-stakes lawsuit against companies tied to British aristocrat Lord Charles Tryon, demanding over US$2.8 million (Ksh364 million) in unpaid equity, damages, and terminal benefits linked to major developments in Tatu City and Tilisi.
PHOTO: Caption: Asbury Maruza, the claimant, at an event organised by Africa Logistics Properties (ALP) when he worked there as a director

Zimbabwean-Australian Asbury Maruza Chikwanha, ex-executive director of ALP Management Kenya Limited (ALP) and its parent Africa Logistics Properties Holdings Limited (ALPH), accuses the firms of unlawful dismissal, racial discrimination, and dodging contract promises. Lord Tryon, ALP's chairman and co-founder, oversees a portfolio worth more than US$100 million (Ksh13 billion), backed by investors like Maris Capital, British International Investment (BII), and the International Finance Corporation (IFC). The suit, filed in the Employment and Labour Relations Court (ELRC), spares the investors but spotlights ALP's governance.

Chikwanha claims he was headhunted in 2017 by ALP's then-CEO despite a salary cut from his prior AMSCO role. He accepted, he says, only after promises of a "long-term equity incentive plan" or profit share from projects under his watch, projecting US$1-2 million over five years. "This time I accepted... on the basis of the inducement promised," his testimony states.

Tensions escalated with his directorships in nine ALP subsidiaries. Chikwanha alleges botched removal processes, including notices sent to inaccessible emails post-termination. He's filed complaints with Kenyan authorities, triggering a police probe into Companies Act violations.

His firing saga began with a April 2023 redundancy notice, withdrawn amid investor talks, then reissued in August and finalized in September. He blasts non-compliance with Employment Act rules, no redundancy consultation, and withheld incentive plan details. Chikwanha further claims discrimination under Kenya's Constitution Article 41, citing better severance for "Caucasian" executives, delayed terminal dues (paid six months late), and a rushed work permit cancellation that derailed his status.

ALP fires back, insisting Chikwanha's contract overrode verbal promises, no profit-share deal existed, and his exit stemmed from value-maximizing restructuring—even as court-filed share certificates list him as a shareholder. The firm upholds full legal compliance.

The drama unfolds as ALPH secures Capital Markets Authority nod for the ALP Industrial Real Estate Investment Trust (REIT), seeding it with assets like Tatu City and Tilisi projects from Chikwanha's 2017-2023 tenure. He'll swap stakes for units or cash.

The ELRC case awaits ruling; all claims remain hotly disputed.

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