BY SAM ALFAN .
A judge has directed the consolidation of all cases touching on startup firm Stay Online limited.
Justice Alfred Mabeya- the presiding judge of the Commercial Division- directed that all cases relating to the ownership of the firm, which is owned by businesswoman Kirimi Koome to be placed before him for consolidation and further directions.
There are several cases before different judges over the ownership and control of the firm and more than Sh400 million held at United Bank of Africa.
In an earlier ruling, Justice Josephine Mongare ruled Koome remains the true owner of Stay Online ltd, settling a fight for the control of the Sh400 million.
While dismissing the petition filed by Ambrose Wamari Obara, the judge found that Obara was not properly installed as the owner and director.
“I find and hold that the suit and application by the said Ambrose Wamari Obara to have been initiated without proper authority and sanctions of director and member of Stay Online ltd Kirimi Koome,” ruled Judge Mongare.
Koome has already protested against the multiple applications filed against him by the Directorate of Criminal Investigations (DCI) through the office of Director of Public Prosecution.
His lawyer Cliff Ombeta complained that the endless applications filed by DCI amounted to misuse of judicial resources.
He told Milimani Chief Magistrate Lukas Onyina that the applications were a waste of judicial resources and an abuse of the court process.
Koome further said the court should put a stop to applications as the DCI was forum shopping and turning the courts into police posts and DCI offices.
In the matter before Justice Freda Mugambi, Koome and Stay Online ltd through his lawyers Ivy Ingati, Jackson Omwanza and Cliff protested forum shopping of filing multiple cases by Rwandese businessman Desire Muhinyuza in different court.
Stay Online ltd urged the court to strike out, the application dated 29th September 2023 and the entire pleadings and suit filed by Muhinyuza for being scandalous, frivolous or vexatious as it may prejudice, embarrass or delay the fair trial of the action; or is otherwise an abuse of the process of the court.
The lawyers urged the court to enter judgment in favour of Koome and Stay Online Company.
The court heard that on or about proceeded 10th August 2023 proceeded to register a complaint against the Muhinyuza’s proxies at Kilimani Police Station on the question of uttering false documents and fraudulently seeking to amending the name of the signatories of the company at the bank and on or about this time the Plaintiff/Respondent through their agent the Ambrose Wamari Obara proceeded through fraudulent means and ways to procure the change of directorship of the company.
Koome accuses his business rival of using his proxies to file cases knowing fully well that there exists other applications and suits before various courts seeking the freezing of the Accounts of the company. There also exists other suits seeking similar orders as the one in the suit filed by Muhinyuza and his proxies.
Koome argues that the Court has been taken on a wild goose chase to help Muhinyuza to achieve ulterior motives after having lost various matters both in civil and criminal court.
“It’s also important to note that Muhinyuza and his proxies have a run amuck of the doctrine of election of cause of action and also failed and or ignored to ventilate any and all issues they have in one suit and it’s only fair and just that the application be heard together with the application filed by him,” Koome court documents state.
He said court should not allow Muhinyuza and his proxies to continue abusing courts powers and processes.
