The High Court has stayed the implementation of the consent orders issued on the 30th October 2023 directing the Manager of United Bank of Africa, Westlands Branch to transfer from Stay Online Limited’s US Dollar account the sum of Sh 74 million to two law firms.
Justice Alfred Mabeya stayed the transfer of Sh 35,500,000 plus accrued interests to Omwanza & Areba Associates Advocates and Sh 38,800,000 plus accrued interest to Ivy Ateko Ingati advocate.
“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 30th 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 Sh 35,500,000 plus accrued interests to Omwanza & Areba Associates Advocates and the sum of Sh 38,800,000 plus accrued interest to Ivy Ateko Ingati respectively,” Justice Mabeya ruled.
While setting aside the consent orders, the judge also certified the application as extremely urgent and ordered service to be dispensed with and the same be heard ex parte in the first instant.
Through lawyer Danstan Omari, Stay Online Kenya Limited filed an application seeking to stay the fraudulently orders and stop the transfer of the funds.
Omwanza and Areba Associates and Ivy Ateko Ingati advocate had obtained the orders to transfer the money as legal fees for representing Kenyan businessman Kirimi Koome who at the time claimed ownership of Stay Online Limited.
However, on 27th December 2023, Justice Mabeya ruled that the beneficial owner of the company is Rwandese investor Desire Muhinyuza.
The consent orders had been obtained while the legal battle for beneficial ownership was ongoing whereas the judge had ordered that all matters touching on Stay Online Kenya Limited to be consolidated.
