Rwandan Investor Desire Muhinyuza has won yet again against businessman Kirimi Koome as the court suspended the implementation of a consent that was to pay Koome’s lawyers 74 M.
Justice Alfred Mabeya on Wednesday issued the stay orders after Desire Lawyers filed an application seeking for stay of the implementation of the consent pending hearing of the application.
“THAT exparte and pending the hearing and determination of this application this Honourable Court be pleased to issue an order of injunction temporarily staying the implementation of the consent orders issued on the 30 October 2023 directing the Manager of United Bank of Africa Westlands Branch to transfer from Stay Online Limited’s US Dollar Account 55010130016529 the sum of kshs.35,500,000 plus accrued interests to Omwanza & Areba Associates Advocates and the sum of kshs.38,800,000 plus accrued interest to Ivy Ateko Ingati respectively,” the order reads
Lawyer Shadrack Wambui told court that Lawyers Omwanza Nyamweya and Ivy Ateko had directed the bank to pay into their accounts a total sum of Sh 74 M as legal fees for representing StayOnline.
Wambui asked the court for stay saying Omwanza had already written to the bank to effect the consent.
Lawyer Danstan Omari said the consent and the letter by Omwanza was only meant to steal the millions of money from StayOnline Ltd.
Omwanza had asked the court to preserve the funds pending the hearing and determination of the application arguing that if stay is issued then the money will be withdrawn.
However, the court while giving directions allowed the prayer for stay and did not give any preservation orders.
In court papers filed in court, Desire through his lawyer Omari claims that the consent was stage managed by the Lawyers Omwanza and Ateko alongside Raphael Olwako on behalf of Stayonline.
Omari has asked the court to review the consent informing court that Olwako is not the director of the company in question and it was all a scheme to unlawfully withdraw the money held by the company in the guise of legal fees.
According to application, Omwanza and Ateko failed to disclose to court that there were proceedings active in court on the ownership dispute between Desire and Koome.
On Wednesday last week, Justice Mabeya issued a landmark ruling giving stayonline ltd to Desire as the bonafide beneficial owner.
