BY SAM ALFAN.
A software company wants the High Court to set aside an order restraining the firm from interfering with the management and control of three payment solution companies.
Tingle Software company moved to the High Court seeking to lift orders restraining it from interfering with the management of software application of Pesa Pata Ventures limited, Paddy Micro-investment limited and Okoa Mia Ventures.
The software company sought to reinstate, re-host and maintain the status quo.
The software company accuses the three companies of unlawfully and un-procedurally use the law enforcement authorities through the office of the DCIO Gigiri Police Station to intimidate and harass the firm.
Further, the company said its constitutionally enshrined right to human dignity, freedom and security, right to privacy, freedom of movement and residence, fair administrative action as well as access to justice, have been violated.
“It is necessary and in the interest of justice that this Application be certified urgent and orders of stay of proceedings in the lower court granted and the application dispensed with on a priority basis,” said the firm.
The proprietors said they stand to suffer great economic hardship as well as emotional and psychological pain and suffering as they no longer feel safe either at the place of residence or place of work, or anywhere at all within the country.
The firm’s director said he has on several occasions been tailed, threatened with possible arrest, his phone devices hacked and his Safaricom MPesa mobile phone numbers blocked arbitrarily and without any court orders being procured and served upon him to that effect.
The firm submitted that the order was issued on August 13, 2024 by chief Magistrate Becky Cheloti Mulemia, directing the DCIO Gigiri Police Station and OCS Parklands Police Station, to enforce the orders.
However, the subordinate court failed to take into account that the Software Development Agreement between the company and payment solution firms, exclusively and unambiguously provided for an arbitration Clause, as the forum for resolving any dispute that may arise with respect to the said agreement.
