Taking up their rights is not unfair. Totally within their right to take up the rights and participate in the pro-rata allocation of the untaken rights.
There is no need for them however to take an extra allocation, knowing that the offer will be oversubscribed.
What is unfair is the fact that the Ndegwas will draw their rights cheque AFTER the determination of the subscription levels and the Board has an unfair advantage of determining the allocation criteria.
For instance if i have 1,000 shares i get 250 rights. I decide to take up the rights and apply for an extra 250 shares. My payment accompanies the application and i have to wait for the allocations.
Ndegwas take up their rights and apply for 10 times their entitlement (just an example). They provide a bank guarantee. They determine the allocation criteria, get themselves a pro-rata allocation based on their large application!
If i was CBK i would not allow them to exceed 25% while Wanjikus are allocated shares in batches of 10s and 20s. The fairest system would be to give people who apply for less than say 2,000 additional shares a full allocation and pro-rata thereafter.
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