By Sam Alfan
Sportpesa woes deepen with Kasarani MP Ronald Karauri now obtaining orders stopping other partners from acting for the betting company.
The two, Paul Wanderi Ndungu and Asenath Wachera Maina, have been barred from interfering with all operations of the company.
Justice Alfred Mabeya ordered them to keep off all operations of Pevans East Africa limited, the parent company of Sportpesa.
“A temporary injunction is hereby issued restraining the defendants (Paul Wanderi Ndungu and Asenath Wachera Maina) jointly and severally , either by themselves, agents from interfering with any business dealing of the plaintiff company (Pevans East Africa limited) making any representations, correspondence , contracts or taking any action whatsoever or dealing with any assets or property of the plaintiff company or in any other manner whatsoever purporting to be acting on behalf of the plaintiff pending hearing and determination of the case,” Justice Mabeya ordered.
In the court documents, Pevani East Africa said the two directors have filed malicious , frivolous, and vexatious suits purportedly on behalf of the company against the business partners and the regulator of the company business.
Wanderi is accused of publishing false and slanderous statements against the directors, business partners and the company regulator and the net effect of the malicious , frivolous and vexatious suits to stop or damage business of the company or bring down the commercial and business interests of the company.
They are accused of acting contrary to the law and provisions of memorandum and articles of association of Pevans East Africa ltd by acting without legal right or authority of the company and in total disregard of the commercial interest of the company. They have acted in breach of their duties to safeguard the business secrets , interests, and property of the company.
“The actions of the 1st and 2nd defendants ( Wanderi and Wachera) have damaged the credit , business integrity and status of the company as a corporate body and lawful business entity by reason of wide calculation of the offending allegations in court and by letters published within Kenya and globally, to the extent that Pevans East Africa ltd has been denied and continues to be denied license to operate in the country due to their actions,” Pevans East Africa told the court.
The court heard that failure to get a betting license renewal by the Betting Control and Licensing Board and consequent downward spiral of the value of the shares of the company was directly attributable to the actions of the two directors of making false ,reckless, unsubstantiated , slanderous remarks , allegations and statements about the company, its directors and other shareholders.
“The unlawful and malicious actions of Wanderi and Wachera jointly and singularly have severally affected the company by occasioning loss of business opportunities, loss of prospective customers, investors and partners leading to huge financial losses for which the company hold Wanderi and Wachera jointly and severally liable,” the company told the court.
The company secretary Robert Macharia sworn an affidavit supporting the suit adding that Wanderi and Wachera through their actions continue to create hostile relationship and environment between the company, its potential business partners , government, state agencies and potential local and international investors thereby jeopardizing the revival of the betting company.
He said that directors of Pevans East Africa ltd have run it’s affairs above board, with unanimity and have never acted in any manner that is oppressive or is unfairly prejudicial to the interest of members generally or of some members or to the company.
