Home Blog

COURT LIFTS INJUNCTION SOUGHT BY AESTHETIC AFRICA IN HYDRAFACIAL DISTRIBUTION DISPUTE.

Nairobi Times
-
0
COURT LIFTS INJUNCTION SOUGHT BY AESTHETIC AFRICA IN HYDRAFACIAL DISTRIBUTION DISPUTE.

By Sam Alfan.

Aesthetic Africa Limited has failed in its bid to block rival companies from distributing HydraFacial LLC products after the High Court vacated earlier orders that had temporarily barred the companies from doing so.

Justice Josephine Mongare dismissed Aesthetic Africa’s application seeking to restrain Dawa Life Sciences Limited and Skintech Pharma Limited from acting as the new distributors of HydraFacial LLC, using Aesthetic Africa’s client data, contacting its clients, or entering into any new distribution agreements.

In her ruling, Justice Mongare held that Aesthetic Africa had not established a prima facie case against Dawa Life Sciences or Skintech Pharma. She further noted that any loss the company might suffer is quantifiable and could be compensated through damages.

“I also agree that the balance of convenience weighs against granting the injunction,” the judge ruled.

“Skintech, as the appointed distributor, has demonstrated that it has already incurred significant costs, including placing a $29,290 order, hiring staff—as evidenced by pay slips—and is indeed suffering business disruption due to the interim orders previously issued by the court.”

The dispute arose after Aesthetic Africa filed an application seeking interim injunctions to stop Dawa Life Sciences and Skintech Pharma from acting as HydraFacial’s new distributors, using its client data, or entering into any new agreements pending the hearing and determination of the case.

Aesthetic Africa claimed that it had heavily invested in building the HydraFacial brand in Kenya through training, opening clinics, securing regulatory approvals, marketing, and hosting events. However, on January 23, 2025, HydraFacial, through its legal representatives, issued a 60-day notice terminating the agreement without offering any reasons.

The court heard that just 18 days later, on February 10, 2025—before the notice period had expired—HydraFacial appointed Skintech as its new distributor and allegedly began sharing Aesthetic Africa’s proprietary client data with the new entity.

Aesthetic Africa alleged that Sachi Mohindra, who had previously proposed a partnership in 2023 (which was rejected), orchestrated the move by maligning Aesthetic Africa to HydraFacial, ultimately securing the distributorship for herself and Skintech.l

The company further claimed that the two rival firms are unqualified, conducting unauthorized medical training without regulatory oversight, and putting public health at risk with unregulated procedures. Aesthetic Africa warned that, without injunctive relief, it would suffer significant financial loss, reputational damage, and that its clients would be exposed to potential harm.

In response, Dawa Life Sciences Managing Director Dr. Ajaykumar Shanabhal Patel emphasized that Dawa is a separate legal entity from Skintech and has no contractual relationship with either Aesthetic Africa or HydraFacial. He maintained that Dawa has never entered into any agreement to distribute HydraFacial products and argued that the orders sought were misplaced and did not affect its operations.

Skintech Pharma, through its director Reema Shah, pointed out a key technical flaw in Aesthetic Africa’s suit—specifically, that it was unclear whether the second defendant was meant to be Sachi Mohindra or Skintech, given they are distinct legal entities.

Skintech also told the court that Aesthetic Africa’s distribution agreement with HydraFacial was non-exclusive, contradicting the company’s claim that it held exclusive rights. This, they argued, amounted to material non-disclosure when Aesthetic Africa initially obtained the ex parte orders.

Skintech asserted that the termination of Aesthetic Africa’s distributorship was done via written notice, as per the terms of the contract. The company confirmed that it has since signed a valid Sales and Distribution Agreement with HydraFacial appointing it as the official distributor for East Africa.

The company further submitted that any financial loss suffered by Aesthetic Africa could be adequately addressed through damages. It emphasized that the interim orders had already caused business disruption and financial strain due to placed orders, hired staff, and halted operations.

Please follow and like us:
Tweet

KENYAN FIRM LOSES BID TO QUESTION FORMER MICROSOFT EAST AFRICA LTD COUNTRY MANAGER IN BOTCHED DEAL.

Nairobi Times
-
0
KENYAN FIRM LOSES BID TO QUESTION FORMER MICROSOFT EAST AFRICA LTD COUNTRY MANAGER IN BOTCHED DEAL.

By Sam Alfan.

The High Court has rejected an application by Technoservice limited to cross-examining former country manager of Microsoft East Africa limited.

Justice Peter Mulwa dismissed application by TechnoService ltd seeking to cross-examine former Microsoft East Africa limited Country Manager Kendi Nderitu over an affidavit she swore regarding transactions between Nokia Corporation and Microsoft Mobile regarding the transfer of the Frame Repair Services Agreement.

“I am not satisfied that the Applicant has demonstrated sufficient grounds to justify the cross-examination sought. I find that the application lacks merit. It is hereby dismissed,” ruled the judge while dismissing the application.

Judge Mulwa said that the alleged discrepancies in the dates of commissioning of the affidavit and annexures, while irregular, they do not amount to perjury.

The judge said the court must remain guided by the overriding objective of facilitating the just, proportionate and expeditious disposal of proceedings.

TechnoService ltd sought to cross-examine Nderitu on the basis that an affidavit filed in court contained inconsistent, incoherent and conflicting depositions in several paragraphs coupled with allegations of perjury, fabrication, and forgery of documents.

In a supporting affidavit, the company director Bulent Gulbahar said case dated 21st October 2021 and the supporting affidavit sworn on 19th October 2021 contained several inconsistent, incoherent and false statements necessitating the cross-examination of Nderitu, the deponent.

It is contended that the depositions in several paragraphs are internally contradictory or based on matters outside her personal knowledge.

In particular, while Nderitu claimed authority to swear on behalf of the Microsoft East Africa ltd and supports a Chamber Summons referring the matter to arbitration, she simultaneously denies Microsoft East Africa’s involvement with the Technoservice ltd.

She is also alleged to have asserted that the agreements were transferred to the Microsoft Mobile, and alleges that the Microsoft East Africa ltd was improperly joined in the proceedings.

Technoservice ltd told the court these positions are inconsistent and mutually destructive.

The company argued Ms. Nderitu was neither an employee nor officer of Microsoft East Africa ltd, Microsoft Mobile, nor Nokia at the material time, thus casting doubt on the veracity of her statements on corporate arrangements, transfer of business, and arbitration proceedings.

The company further alleged that the averments in three paragraphs amounts to perjury in relation to the Stock and Asset Purchase Agreement, assumption of liabilities, and termination of arbitration.

Microsoft East Africa ltd opposed the application through the company Principal Corporate Counsel Otilia Phiri arguing that Ms. Kendi Nderitu swore the affidavit in her capacity as the former Country Manager of the company, although she has since left its employment.

It was contended that the application for cross-examination does not meet the legal threshold as it fails to demonstrate fraud, mala fides, or bad motive.
Lawyer Phiri maintained that the depositions made by Ms. Nderitu were based on her personal knowledge and belief, consistent with Order 19 Rule 3 of the Civil Procedure Rules, 2010.

The firm said she relied on information from other sources or documents, she explicitly disclosed the basis of such information.

He further averred that although Ms. Nderitu was not personally involved in the transactions between Nokia Corporation and Microsoft Mobile regarding the transfer of the Frame Repair Services Agreement, she was, by virtue of her position as Country Manager, privy to the operations and dealings of other Microsoft entities.

Microsoft East Africa ltd, being an affiliate of the Microsoft Group, operates various businesses within the region, and her knowledge of such matters cannot be dismissed as hearsay.

Lawyer Phiri added that the sale of Nokia’s business to the Microsoft Mobile was widely publicized in the mainstream media and remains accessible to the public, thereby rendering Ms. Nderitu’s depositions a matter of public knowledge rather than fabrication.

Please follow and like us:
Tweet

KIRINYAGA COUNTY ORDERED TO PAY WIDOWER SH3.5 MILLION.

Nairobi Times
-
0
KIRINYAGA COUNTY ORDERED TO PAY WIDOWER SH3.5 MILLION.

By Sam Alfan.

Kirinyaga County Government has been ordered to pay Sh3.5 million as special damages to the man whose wife was ran over by a county grader killing her on the spot.

Judge Edward Muriithi allowed application by Paul Gichangi seeking to compel the county’s finance executive Jacqueline Njogu and the Chief Officer, Finance Charles Calirus Otieno to pay the money as directed by a Baricho court.

The trial court had ordered the county to pay Sh2,715,422 together with costs and interest amount to Sh3.5 million.

The judge said that execution proceedings against a government or public authority can only be made against the accounting officer or chief officer, who is under a statutory duty to satisfy such a judgment.

The judge added that Gichangi had a legitimate expectation that the two county officials would settle the claim but that they had failed to do so, without any explanation or justification.

“Accordingly, for the reasons set out above, the Court finds merit in the application dated 15 August 2024 for judicial review order of Mandamus, and it is granted as prayed,” ordered Judge Muriithi.

Gichangi told the court that Baricho law courts entered judgment in his favour after he filed application seeking for general and special damages arising from the death of my wife Rose Wamuyu Muriithi.

The woman was ran over by a county grader registration No. GKA 745M on 17 March 2017.

The widower said the judgment had accrued interest at court rate of 14 percent since 10 February 2023 amounting to Sh. 570, 237, bringing the total sum due and payable to Sh. 3,504,274.

He told the court the sum remains due and payable as the county has failed to pay hence writ of mandamus should issue.

Court heard that his lawyer wrote to the county Government CEC and Chief Financial officer demanding payment of the decretal amount but they declined to pay and was issued with a decree and Certificate of Execution against the Government to proceed with execution.

Please follow and like us:
Tweet

ROAD AGENCY ORDERED TO PAY ISRAEL FIRM SH1.3 BILLION.

Nairobi Times
-
0
ROAD AGENCY ORDERED TO PAY ISRAEL FIRM SH1.3 BILLION.

By Sam Alfan.

Kenya National Highways Authority (KeNHA) has been ordered to pay over Sh1.3 billion to Israeli firm SBI International Holdings AG.

Justice Peter Mulwa ordered the road agency to pay the construction firm the amount plus additional US $3,575,728.60, after entering judgment against KeNHA.

KeNHA had challenged the decision of disputes adjudication board (DAB) made in June 2021, and which directed it to pay the Israeli subsidiary firm, the stated amounts.

The authority had disputed the decision, challenging the correctness of the board’s calculations, alleging anomalies and misinterpretation.

While agreeing with SBI International Holdings, Justice Mulwa said there was no evidence before court to suggest that the rates agreed by the parties, were illegal or unconscionable.

“Accordingly, the contractual interest is enforceable,” said the judge.

Judge Mulwa said it is therefore frivolous and vexatious within the meaning of Order 2 Rule 15(1) and amounts to an abuse of the court process.

He added that a pleading which seeks to reopen matters conclusively determined under contract does not disclose a reasonable defence.

“While the threshold for striking out a pleading is high, the Court will do so where it is plain that the pleading discloses no reasonable defence or triable issue. But where the pleading is a sham or plainly untenable, it must be struck out to prevent abuse of process,” said Judge Mulwa.

While striking out the defense, the Judge noted that KeNHA defence herein does not disclose any triable issue; rather, it challenges the correctness of the DAB’s findings, a jurisdictional overreach for this Court.

“I am satisfied that the defence is an abuse of the court process as the DAB’s decision has not been set aside, revised or superseded by an arbitral award, and it remains enforceable as a contractual obligation,” ruled the judge.

“I have perused the record and indeed find no evidence of arbitration having been initiated within the stipulated time,” judge said.

The judge added that KeNHA issued a notice of dissatisfaction but has not demonstrated that it referred the dispute to arbitration and prosecuted it to conclusion. In effect, the DAB’s decision remains binding and enforceable.

He noted the defence filed by KeNHA disputes the correctness of the DAB’s calculations, alleging anomalies and misinterpretations. In substance, these are grounds for challenging the DAB decision before an arbitral tribunal, not before this Court.

The court decision is after SBI International Holdings moved to High Court Commercial Division seeking judgment be entered in the sum of USD 3,575,728.60 and Sh. 1,356,180,186.16 as per the decision of the dispute board on 4 June 2021 and KeNHA defence struck out.

The suit instituted in November 2021 seeking enforcement of the DAB’s decision made on 4th June 2021 pursuant to Clause 20.4 of the General Conditions of Contract.

SBl International Holdings argued that the contract makes the DAB decision binding upon the parties unless revised through amicable settlement or arbitration. It is asserted that the Defendant has not initiated arbitration to overturn the decision, and therefore, the DAB’s decision remains binding and enforceable.

The company further contended that the Statement of Defence is, in substance, an appeal against the DAB decision.

The company submitted that disputes on alleged anomalies, miscalculations or misinterpretations fall within the arbitral process, not before this Court.

“The Defence is therefore described as a collateral attack on the DAB’s decision, disclosing no reasonable triable issue,” company told the court.

It was the company position is that no arbitral proceedings have been commenced to revise the decision of the DAB.

KeNHA relied on a replying affidavit sworn on 16th September 2024 by Eng. Samuel O. Gee. He deposed that this Court, by its Ruling of 28th July 2023, dismissed KeNHA’s application to stay the proceedings and refer the dispute to arbitration.

It is argued that the National road Agency was thereafter compelled to file a Defence.
According to KeNHA, there is no limitation on what constitutes a defence, and the defence filed raises bona fide triable issues, particularly regarding anomalies and miscalculations in the sums awarded by the DAB.

KeNHA further urged that unless such issues are ventilated at trial, KeNHA will suffer substantial prejudice.

Please follow and like us:
Tweet

EACC PLAYED ACTIVE ROLE IN EX-GOVERNOR OKOTH OBADO’S CORRUPTION CASE NEGOTIATIONS CONTRARY TO THEIR EARLIER CLAIMS.

Nairobi Times
-
0
EACC PLAYED ACTIVE ROLE IN EX-GOVERNOR OKOTH OBADO’S CORRUPTION CASE NEGOTIATIONS CONTRARY TO THEIR EARLIER CLAIMS.

By Sam Alfan.

New evidence has revealed that the Ethics and Anti-Corruption Commission (EACC) was deeply involved in negotiations to withdraw corruption charges against former Migori Governor Okoth Obado, contradicting the commission’s claims in court.

Correspondence between the Office of the Director of Public Prosecutions (ODPP) and EACC clearly demonstrates that both state offices had been actively communicating throughout the plea bargaining process involving the former governor, his co-accused, and the anti-graft agency.

The paper trail begins with a letter dated June 5, 2023, addressed to Obado’s lawyer Sagana, in which the commission proposed holding an inception meeting at the Integrity Centre on Friday, June 16, 2023, at 11:00 AM.

This letter, written by agency director of legal services and asset recovery David Too, referenced the governor’s lawyer’s earlier correspondence from April 5, 2023, which had proposed an out-of-court settlement for three matters.

The negotiations continued with another letter dated November 3, 2023, sent to the governor’s lawyer by EACC’s deputy director for asset recovery and civil litigation, Philip Kagucia.

This letter referenced Obado’s correspondence from October 25, 2023, which contained a revised settlement proposal.

Kagucia’s letter instructed the parties to meet with EACC’s ad hoc Alternative Dispute Resolution committee at the Integrity Centre offices on Wednesday, November 8, 2023, at 3:00 PM for further directions.

These extensive negotiations bore fruit in a settlement agreement dated June 4, 2024, between EACC, Obado, and nineteen other defendants.

Under this agreement, the defendants offered to surrender assets, and the commission agreed to receive eight properties and two motor vehicles valued at the current market price of Sh235,600,000.

This out-of-court settlement was subsequently adopted by the High Court in June 2024.

Parallel to the civil settlement, plea bargaining discussions with the ODPP were also underway.

On April 22, 2025, the Director of Public Prosecutions convened a meeting with former Governor Obado and his co-accused to explore a possible plea bargain in ACC No. 18 of 2020.

Significantly, EACC was represented at this meeting by Mary Ng’anga. A subsequent joint meeting involving the ODPP, the accused persons, and EACC representatives Mary Ng’anga, Winnie Ruth, and Ann Murigih took place on August 28.

These discussions culminated in a plea bargain agreement that was presented before the Anti-Corruption Chief Magistrate Court on September 1.

However, when the matter came before court, EACC shocked proceedings by claiming they had not been part of the negotiations and had not been provided with a draft of the pre-agreement between the accused and prosecution.

The commission told the court that while they had requested the pre-agreement, it had not been shared with them.

EACC claimed to follow a standard practice requiring agreements to be shared between the ODPP and the commission for review and instructions on drafts.

Despite being integral to the negotiation process, EACC maintained in court that they had6 not been able to examine the agreement to understand its contents.

The commission claimed they only learned about the pre-agreement when the DPP indicated it was on the court record.

EACC told the Anti-Corruption Court that given these circumstances, they had not been able to review the pre-agreement or seek proper instructions on it.

The DPP firmly dismissed EACC’s claims, pointing out that the negotiations had actually originated between EACC and the accused persons, with the pre-agreement stemming from discussions between the commission and the accused in a civil matter before the High Court Anti-Corruption Division.

The prosecution emphasized that all parties had been made aware of the proceedings during the meetings, noting that minutes from the final meeting were available as evidence.

The DPP informed the court that they had clearly communicated to all teams what had been agreed upon and indicated in the pre-agreement.

The court was further informed that EACC had been kept abreast of all discussions and that during the August 28 meeting when the plea agreement was finalized, the commission was informed of the content but indicated they had no instructions to provide.

The DPP expressed their expectation that since the commission had participated in all scheduled meetings and discussions, these would have been reported back to EACC’s offices accordingly.

Having followed proper procedures under section 137, the DPP proceeded to sign the agreement and dismissed EACC’s claims that they had refused to hand over the pre-agreement, maintaining that all parties were fully aware of the agreement’s contents.

The chronological evidence presented makes it unequivocally clear that EACC was not only aware of but actively participated in both the negotiations leading to the out-of-court settlement and the subsequent plea bargain discussions.

The extensive correspondence demonstrates that EACC sat at the negotiating table, signed official letters, convened meetings, and executed agreements that were ultimately adopted by the High Court.

For the commission to now claim ignorance of the plea bargaining process represents not only a distortion of established facts but also a brazen attempt to mislead both the court and the public about their central role in these proceedings.

Please follow and like us:
Tweet

COURT CLOSES FILE OF CAMERONIAN IN SUSPECTED GOLD FRAUD AFTER DECLINING TO ALLOW POLICE TO HOLDING THE SUSPECT.

Nairobi Times
-
0
COURT CLOSES FILE OF CAMERONIAN IN SUSPECTED GOLD FRAUD AFTER DECLINING TO ALLOW POLICE TO HOLDING THE SUSPECT.

By NT Correspondent.

The police have been ordered to close a case in which a Cameroonian national was being investigated for gold fraud.

While declining to grant the police more days to conclude the probe against Francis Talla Ouafo alias Alain captain, Milimani Chief Magistrate Lucas Onyina said the time granted so far was enough.

The magistrate proceeded and closed the file adding despite allowing application to detain the Cameroonian and extending days, the police had not informed the court on the progress made in the investigations, which had taken over a month and a half.

He dismissed the application seeking more time saying it was a waste of court’s time.

When the Cameroonian was arrested, the police pleaded with the court to allow them to detain the suspect as they concluded the probe.

This was after the police said they needed more time to trace and record statements from the unsuspecting foreign investors that are currently dealing actively with the suspect or his agents.

The court heard that the matter was first reported to Capitol Hill Police Station on the 28th July, 2025 by Bruno Fettweis the director Kbox Solution (9497-0662 Quebec Inc.), a company registered in Canada.

It is alleged that the complainant through his company entered into a gold sales and purchase agreement with one Melissa Bebise Lukaya. The firm intended to buy 250 Kilograms of gold at USD 50,000 per Kilogram.

Prior to the agreement, the complainant had travelled to Kenya from Canada on the 6th of April, 2025 in the company of two Canadian nationals namely Jean Yacoub and Hacob Yaacobian.

The police said Yaacobian was to introduce him to the sellers.

Upon arrival at the Jomo Kenyatta International Airport, the complainant and his team were allegedly received by the Cameroonian using his car and taken to a hotel where they spent the night.

The court further heard the next morning, 7 April, 2023, Oufa and others drove the complainant and his team to an office in Karen where he was shown a consignment of gold Nuggets before returning to their hotel.

On the 5th day of April, 2025, the Cameroonian again picked up the complainant and his team and drove them to an office located within Kitisuru where he was shown another alleged gold consignment weighing 250 Kgs which was kept in five wooden boxes.

At the said office location, he met the alleged seller Melissa Bebisa Lukaya, said to be a Congolese National and together with her shipping agent, had a meeting where the business deal was discussed.

The parties allegedly discussed the logistics of shipping the gold consignment to Dubai, using a private jet.

The said discussions culminated into the signing of the sales and purchase agreement dated 14 April, 2025 before he was later issued with a Proforma Invoice from a Kenyan company identified as EAl Logistics Limited.

The complainant said the company had bank account details of where the logistical fees were to cater for the insurance of the cargo and a private jet to ferry the same way to be paid.

Please follow and like us:
Tweet

BUSINESSMAN TESTIFIES HOW A FORMER SENIOR EMPLOYEE STOLE MILLIONS TO FUND HIS OWN FIRM.

Nairobi Times
-
0
BUSINESSMAN TESTIFIES HOW A FORMER SENIOR EMPLOYEE STOLE MILLIONS TO FUND HIS OWN FIRM.

By Sam Alfan.

A businessman has told a Nairobi court how a former director stole over Sh356 million in his firm.

Deepak Rajoria narrated how Honey Khatwani stole cheques and deposited the money in his personal accounts.

He said the fraud committed by the former Oki General Trading limited director was detected after an audit.

He said Khatwani also used company employees to deposit cash stolen from the firm into his personal account.

Deepak further testified that Khatwani used to make fake invoices for the company which indicated a reduced amount of cash, received from clients.

The money stolen from Oki General Trading ltd was then used to finance Khatwani’s company Galaxy Middle East & Africa, which trades as Smart Pro.

He said the firm (Smart Pro) was registered on 23 of September 2022 according to CR12 with Khatwani and his wife Jayesh Soni being the shareholders.

Khatwani and his wife were ordered by the High Court to pay Sh362 million for breach of contract, after failing to defend the case.

Evidence tabled in court showed that the former director stole USD 2,786,806.05 (approximately Kshs. 356,711,174.4), on the diverse dates between 1 January 2020 and 30th June 2024, at company situated on Baba Dogo within Nairobi County.

The court heard that the Indian national stole the millions after the money came into his possession by virtue of his employment.

Please follow and like us:
Tweet

RELIEF FOR KENYAN DISTRIBUTORS AS COURT BLOCKS GERMAN MANUFACTURER AND ITS SUBSIDIARIES FROM TERMINATING SUPPLY CONTRACT.

Nairobi Times
-
0
RELIEF FOR KENYAN DISTRIBUTORS AS COURT BLOCKS GERMAN MANUFACTURER AND ITS SUBSIDIARIES FROM TERMINATING SUPPLY CONTRACT.

By Sam Alfan.

A German company and its subsidiaries have been blocked from terminating a contract with two Kenyan distributors of pharmaceutical products and machines.

High Court judge Josephine Mongare directed Germany-based B Braun Melsungen AG to supply Ikigai Health Kenya ltd and Triple Biovitals ltd with the products and equipment as agreed between the parties.

The judge granted the orders on condition that the Kenyan firms would pay Sh31.5 million within 14 days.

The two Kenyan firms rushed to court arguing that the supplier of the machines and its subsidiaries had threatened to terminate a contract entered into in 2024 and deliver the equipment to several hospitals including Aga Khan, Nairobi, Jaramogi Oginga Odinga Referral and Teaching Hospital.

The judge said upon making the payment the manufacturer and its subsidiaries should allow the distributors free and full access to all associated platforms, portals, and operational systems.

The subsidiaries were further restrained directly or indirectly selling or approaching, the hospitals to sell the pharmaceutical products, medical machinery and equipment to the hospitals.

The companies were further directed to release the withheld high-specification medical machines to the Ikigai Healthy Kenya ltd and Triple Biovitals ltd for immediate supply and delivery to Jaramogi Oginga Odinga Teaching and Referral Hospital 

However , if the two companies fail to pay Sh31 million within 14 days as ordered above, the application for injunction shall stand dismissed, said the judge.

The two distributors had complained that the German manufacturer and its subsidiaries had threatened to terminate the contract and had contacted the hospitals intending to supply the equipment and products.

B. Braun Medical Kenya Limited and B. Braun Pharmaceuticals EPZ limited opposed the orders sought and urged the court to dismiss the application.

The firms argued that the amount owed by the Ikigai Healthy Kenya ltd and Triple Biovitals ltd was substantial and it is affecting the two companies cash flow requirements. 

The court heard that Ikigai Healthy Kenya ltd and Triple Biovitals ltd owed the companies Sh 71,332,680.17 and more supplies of more than Sh86 million would severely prejudice them.

The German company subsidiaries told the court that Ikigai Healthy Kenya ltd and Triple Biovitals ltd had broken past promises of.payments and there was a high likelihood that the debt will continue to escalate with no guarantee of payment.

The firms submitted that the balance of convenience tilted in favour their favour as an injunction will in effect be compelled to finance the plaintiff’s operations at their cost thereby risking their business viability. 

“This will only increase the plaintiffs indebtedness to over Sh. 150 million with very little or no prospects of recovery,” the court heard.

Please follow and like us:
Tweet

FAKE GOLD DEALER NABBED AFTER DEFRAUDING FOREIGNER.

Nairobi Times
-
0
FAKE GOLD DEALER NABBED AFTER DEFRAUDING FOREIGNER.

By NT Correspondent.

A fake gold merchant has been arrested in Nairobi after defrauding a Pakistani national of money promising to deliver the precious metal.

Stephen Magero was arrested by Langata police after allegedly defrauding a Pakistani of $34,800.

The fake gold dealer was arrested at Sultan Suites, Ngong View Estate, following investigations into a complaint filed by the foreign national who reported being defrauded of the money.

Preliminary investigations revealed that the suspect presented the complainant with 500 grams of counterfeit gold and received the payment in cash.

Subsequent testing revealed that what had been delivered was fake gold, prompting the complainant to report the matter at Karen Police Station.

A search conducted at the suspect’s office  resulted in the recovery of ten bars of suspected fake gold, business cards bearing the name John Mbalaka, a MacBook Pro laptop and smelting machines and related apparatus.

The police also recovered a mining certificate under the name Chawanda Minerals, a weighing machine, two plastic boxes containing sand and several assorted files and documents.

Please follow and like us:
Tweet

LAWYERS COME TO THE DEFENCE OF LSK PRESIDENT FOR TAKING UP ROLE IN VICTIMS COMPENSATION PANEL.

Nairobi Times
-
0
LAWYERS COME TO THE DEFENCE OF LSK PRESIDENT FOR TAKING UP ROLE IN VICTIMS COMPENSATION PANEL.

By Sam Alfan.

Law Society of Kenya (LSK) president Faith Odhiambo has received support from lawyers and members of public for accepting to join a panel of experts on compensation of victims of demonstrations and public protests.

Odhiambo had received a barrage of criticism from a section of lawyers and Kenyans, with some threatening to remove her as LSK boss, for accepting President Ruto’s appointment.

However, another group has come up to defend the LSK president who was sworn in as the vice chairperson of the panel. The panel will be chaired by renowned lawyer and legal scholar Prof Makau Mutua.

Senior Counsel Ahmednasir Abdulahi said lawyers have faith in the LSK boss despite attacks faulting her for accepting the appointment.

In support of Faith, former ally of opposition leader Raila Odinga- Silas Jakakemba dismissed those attacking Faith terming them non-progressive adding that her appointment in the state committee on compensation of victims of violence and her role grants her broader space to offer insurance impetus to the victim and loved one’s in pursuit of justice.

“It is not tantamount to compromise of whatever nature and I encourage you to stick to the Oath of the Assignment at hand and see to delivery of Justice as expected by majority of the Society’s membership.
Jakakimba added, “As-matter-of-factly, it is precedented and actually cushioned by various enabling Acts of Parliament and attendant regulations, that LSK has traditionally been represented in various State & Quasi-state agencies. Go Faith, by faith and deliver to the Citizenry.”

He added that LSK President had proven over time that she just didn’t chance on leadership, and has been deliberate and consistent in her acts of service to LSK members, the public and the Government.

“I need not regurgitate the central role she has played and continues to do in fighting back excesses of the executive arm of govt on the matter of demonstration as well as helping the public deal with consequences of the said excesses,” he said.

He said it is Faith’s golden chance to make well some level of reparations for the victims, take the opportunity and make it count for the victims and their families. I am fully aware that compensation does not diminish any other claims that the Victims have as provided in law.

“Faith the opposing views are good for you, it is out of such critique that great leaders are made. To whom so much is given, so shall so much be said. I know your focus remains steadfast in addressing the systemic issues belying the matter at hand, you can count on my support on that too,” said while supporting the LSK boss.

Lawyer George Okenyo strongly disagreed with President Faith critics saying Faith is a leader of uncompromising integrity, sound judgment, and unshakable conscience. Faith does not bend under pressure, nor does she compromise the principles of justice that define her.
“It would defy all logic to imagine that a person who has sacrificially championed the rights of victims would suddenly reverse course for personal gain,” said lawyer Okenyo.

He added that the LSK president has been, and remains, an undisputed defender of the rule of law, constitutionalism, access to justice, criminal justice reforms, and human rights. Her national, regional, and international recognition bears testimony to this fact.

“To portray her appointment as a betrayal is to misunderstand both her record and her resolve. Had she accepted a purely political or administrative posting in a state department, parastatal, or foreign mission, questions of compromise would have been legitimate. But this appointment is different: it directly concerns the victims she has always stood for,” said lawyer Okenyo.

While defending the LSK boss, he said by taking up this role, two vital outcomes are made possible:”The victims of protests and riots will have a true voice at the table. Their perceived leader and advocate will sit where the real decisions are made, ensuring they are not short-changed,” he further stated.

Lawyer Okenyo said that the fight against extra-judicial killings can gain renewed momentum. Faith now has the platform to press for long-overdue reforms and accountability mechanisms that will finally address a tragedy that has haunted this nation since independence.

Therefore, Faith Odhiambo’s acceptance of this appointment should not be seen as betrayal but as strategic leadership—bringing the victims’ voice into the very heart of state policy and reform.

“That said, vigilance remains our duty. We must watch closely how she executes her role, not out of mistrust, but to ensure that this historic opportunity translates into real justice for victims and lasting reform for the country,” said the lawyer.

Vocal Africa CEO and activist Hussein Khalid supported the LSK boss appointment adding that he has confidence since she will also ensure apology, reforms and arrest of killer cops.

The LSK boss said that holistic justice requires that as we seek accountability from perpetrators, we remain alive to the needs of Victims, and the difficulty of their lived realities. We have an opportunity to revolutionize how the state treats, deals with, and responds to victims.

“With unwavering fidelity to the rule of law. I undertake to guard this opportunity fearlessly and ensure no interests other than those of our most vulnerable are served,” said the LSK President.

Please follow and like us:
Tweet
123...531Page 1 of 531
© Newspaper WordPress Theme by TagDiv