BY SAM ALFAN .
Businessman Kirimi Koome has told the High Court of a fraudulent attempt to remove him as the sole owner of Stay Online Ltd (SOL).
While testifying before the commercial division Presiding Judge Alfred Mabeya, Koome said the move by Ambrose Wamari Obara to take over the company was done fraudulently.
Koome, who obtained orders removing him as the sole owner of the payment solution firm was testifying in a dispute over the company ownership with Rwandan Desire Muhinyuza.
He told the court he has never prepared, signed and or appeared before any advocate to sign any documents for the transfer of shares to Obara and to any other proxies of the Rwandan national.
“The plaintiff (Desire Muhinyuza)
and I have not entered into any agreement for the sale and or purchase of my shares in the 2nd defendant company. The company has also not held any Annual general meeting and or special general meeting to discuss the transfer and or approval of appointment of any new shareholders and directors,” Koome told the court.
Koome added that the company has not adopted any agreements made prior to its registration and no such meeting has been held for approving the said agreements both written and unwritten.
He told the court Desire has never been a signatory to the accounts of the Stay Online ltd (K) company and was only appointed by the company as an independent contractor whose duty was only limited to managing the system set up by the company for initiating transactions.
“I remain the sole signatory of the company’s accounts,” Koome told the court.
He added that unknown to him, on or about 4th August, 2023 Desire through his agent Obara had proceeded through fraudulent means and ways to procure the change of directorship and shareholding of SOL.
He denied sending resignation letter adding that Desire hacked his emails and send the alleged resignation saying they were sent from Rwanda sametime he was making transaction at a local supermarket in Nairobi.
Documents examiner who formerly worked with the DCI Kenya told the court that he did a report on consistency of the emails,source and the time stamp during the communication and his conclusions was the emails were not generated from that particular sender’s laptop.
He told the court they were generated from the complaints laptop (Desire) but he did not either analyze Desire’s nor Koome computers which he admits were crucial in the analysis. He said he found that the domain was registered by afro registry in Rwanda.
The lawyer who is alleged to have commissioned affidavit to transfer shares to Obara has denied the claims in a statement filed in court
In his statement lawyer Mbatia Mwasana denied drawing the said affidavit adding that Koome was a stranger to him.
“I confirm that I did not draw the affidavit and deponent Kirimi Koome is a stranger to me and that further I am a stranger to all depositions made therein and person’s named therein including specifically the company stay online ltd and Obara,” says the lawyer statement recorded to the DCI and filed in court.
The lawyer in his statement told detectives the addressed used in the affidavit does not belong to him.
Earlier this year, High Court ruled that Kirimi Koome is the registered owner of Stay Online limited, a firm that has seen him charged with fraud before a Milimani court.
Justice Josephine Mongare ruled Koome remains the true owner of Stay Online ltd, settling a fight for the control of Sh400 million held at United Bank of Africa.
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.
The Judge termed Obara’s case as abuse of court process and struck it out.
The court noted that it was not disputed Koome is the original subscriber and sole director at incorporation of the four-month old company.
The firm was incorporated on 14th June this year.
Justice Mongare said that from reading affidavit by the Registrar of Companies she was convinced the process of removing Koome from his own company and installing Obara was tainted with irregularities and therefore the rectification of the companies register Registrar by Registrar was proper.
The Judge faulted United Bank of Africa and reminded the lender that the Bank must never forget its role and where in doubts seek for records.
