Law firm seeks copy of Mumias Sugar lease entered with Sarrai Group

Milimani Law Courts

A Law firm has written to Mumias Sugar Company Limited Receiver Manager Ponangipalli Venkata Ramana Rao seeking to be furnished with a copy of the lease entered into with Sarrai Group on 22nd December  2021.

Wekesa and Simiyu Advocates also want a copy of the evaluation criteria prepared at the time of making the invitations for bids to lease the assets of the company. 

In addition, the firm would like to have particulars of payments Rao has made to himself as receiver manager’s charges per annum since his appointment as the receiver up to 31st December, 2021.

The firm would also like Rao to confirm the number of bank accounts and balances he found in existence in the name of the company when he was appointed as a receiver.

“We also want a detailed statement of account of all payments and receipts arising from the receivership of the company from the date of appointment to date,” states the law firm.

Timeframe and properties

Wekesa and Simiyu Advocates has also requested Rao to demonstrate the time frame in months and years that the highly contested lease will take to “extinguish the lawful indebtedness of Mumias Sugar Company”, his appointing authority as a Receiver and when the first payment made pursuant to that lease.

The firm further wants an inventory of the intellectual property owned by the company including copyright, trademarks, patents and industrial design among others.

Wekesa and Simiyu Advocates have also asked Rao to furnish them with a copy of the inventory of the company’s assets that were not handed over to Sarrai Group.

They also want to be furnished with part of the assets that were not subject to his evaluation of the tenders submitted.

“Please furnish copies of the consents procured by yourself and the successful bidder from the Competition Authority of Kenya and the Capital Markets Authority and any other statutory bodies as condition precedents prior to entering any lease and handing over the company assets to Sarrai Group,” states the firm.

The letter is copied to among others, High Court Deputy Registrar, Commercial and Tax Division, 

Several petitioners have moved to court to challenge the award of the Mumias Sugar assets lease to Sarrai Group, a Uganda based company which was the lowest bidder, leaving out other top bidders including West Kenya Sugar Co.