The court has granted back Rwandan investor Desire Muhinyuza Company which had been defrauded by Kenyan businessman, Kirimi Koome in Nairobi, Kenya.
Rwandan businessman, Desire Muhinyuza had battle with Kenyan Businessman, Kirimi Koome over the real owner of Stayonline Kenya limited (SOL).
Justice Alfred Mabeya directed Kirimi Koome to return all the shares of SOL to Desire Muhinyuza after finding that he accused of conspiring to defraud Desire Muhinyuza by falsely representing himself as the owner.
In court, Desire Muhinyuza was backed by witness testimonies from the Registrar of companies.
The Registrar of companies Hiram Gashogi testified that the beneficial owner of SOL is Rwandese investor Desire Muhinyuza.
During the testimony, Koome was asked to explain to the court that indeed he was the owner but failed. When he took to the witness stand, he told Justice Mabeya that he was the owner and had received capital injection from Rwanda which is the Plaintiff’s home country.
Muhinyuza told the high court that SOL is his and only brought on board Koome to register the company because the foreigners experiences difficulties while registering companies in the country. He added that he has obtained the required immigration documents which warrants him to take over the management and control of his company.
After Muhinyuza proven that the company belonged to him, the high court declared him the sole owner and not Koome. He had been defrauded the business in April 2023.
Justice Alfred Mabeya, who heads the Commercial Division of the High Court ruled ”I find and hold that Mr Muhinyuza is the beneficial owner of SOL. Kirimi Koome committed fraud by not filling the form of beneficial ownership property at the time of incorporation of the company.”
Immediately after the decision was delivered virtually, Muhinyuza thanked the Judiciary for salvaging his company and investment which almost slipped away.
“This High Court judgement has restored the confidence of investors who are defrauded their property by Kenyans who are hell-bent.” Muhinyuza through his lawyer Danstan Omari.