Shrewd businessman Kirimi Koome’s advocates have now been accused of fraudulently obtaining a consent from court to be paid Sh 74 million in legal fees when they knew the ownership dispute was still in court.
In court papers filed in court, Rwandese Investor Desire Muhinyuza through his lawyer Danstan Omari now claims that the consent was stage managed by the Lawyers Omwanza Nyamweya and Ivy Ateko Ingati 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 court papers, 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, Justice Alfred Mabeya issued a landmark ruling giving stayonline ltd to Desire as the bonafide beneficial owner.
However, the consent filed by the lawyers has impeded the implementation of the orders and further jeopardised the funds held at UBA bank.
“The impugned consent order was obtained without the lawyers making material disclosure to the court as to the status of Stayonline Ltd and that these proceedings were commenced in bad faith with ill intention of unlawfully utilizing funds amounting to Sh 74,300,00 held in Stayonline’s bank accounts at UBA”reads court papers.
Omari says the fraudulent consent has prejudiced the running of his client’s company and its relationship with business merchants whose funds are held by Stayonline in trust.
In the said application, Omari has also filed a notice of appointment by Stayonline appointing his law firm Danstan Omari and associates to represent them in court.
When contacted by phone, Omari said that what the lawyers and koome were trying to do is criminal and he has instructions to written to the dpp and dci to investigate,arrest and charge the advocates with conspiracy and attempt to steal company money.
