Stay Online Kenya Limited has written to the Director of of Criminal Investigations and the Director of Public Prosecutions over the theft of Sh 74 million from its bank account.
Through lawyer Danstan Omari, the company which belongs to Rwandese investor Desire Muhinyuza, accuses the firm of T/A Omwanza and Abera Advocates and advocate Ivy Ateko Ingati of fraudulently obtaining concent orders to withdraw the said funds as “legal fees”.
This comes barely a week after the High Court ruled that Muhinyuza was the the beneficial owner of the said company and not Kenyan businessman Kirimi Koome.
Omwanza was the same advocate who represented Koome in the High Court battle over the beneficial ownership of the Sh 400 million company.
However, the transfer of the Sh 74 million which formwd part of Sh 400 million to the two firms was never mentioned in the case.
“Prior to delivery of the judgment, the honorable court consolidated all matters touching on the dispute of ownership of our Client (Stay Online) the said suit being Milimani High Court Commercial Court No. E 413 of 2023,” Omari in the letter.
The said money was injected into Stay Online Kenya Limited by merchant who had in the past utilized the said platform.
According to Omari, after delivery of the Judgment, his client discovered existence of parallel concealed proceeding in which a consent order had been fraudulently obtained on the 30th October 2023 wherein it was agreed to unlawfully utilize the money held by the company in trust for merchants for the benefit of the two law firms.
“The proceedings which gave birth to the consent order were stage managed and done in collusion by the said Omwanza & Areba Associates Advocates and Ivy Ateko Ingati advocate on one hand and one Raphael John Olwako on the other, with the aim of unlawfully withdrawing and utilizing funds held at our client’s bank account in the guise of payment for legal fees while consciously knowing that the controversy over the control and stewardship of the respondent was alive and well before a competent court,” Omari stated.
It is alleged that the impugned consent order was obtained without the duo of Omwanza & Areba Associates Advocates and Ivy Ateko Ingati Advocate making material disclosures to the court as to the status of Stay Online Limited and that the said proceedings were commenced in bad faith with the ill intention of unlawfully utilizing funds amounting to Sh 74,300,000 held in clients Account.
Stay Online is apprehensive that unless the DCI and the DPP move with speed to investigate the glaring fraudulent activities and conspiracies to defraud and steal its monies which belongs to merchants who have utilized its platform in the past.
