Senior Lawyer Danstan Omari has written to the Director of Public Prosecutions (DPP) complaining over imminent theft of Stay Online Company Funds worth Millions held at United Bank of Africa(UBA).
Omari says that he has instructions because his client is concerned about impending imminent theft of Merchants funds held in their clients bank accounts domiciled at United Bank of Africa (UBA)westlands Branch in US dollars Accounts.
The lawyer in his letter dated December 28/2023 says that Judge Alfred Mabeya has declared Desire Muhinyunza as a beneficial owner of the Stay Online Company and Caused the removal of Kirimi Koome as a director and shareholder of the company and more particularly in the terms as in the decree dated December 27,2023.
He says that prior to delivery of the judgement,the court consolidated all matters touching on the dispute of ownership of Stay Online,the said suit being Milimani High Court Commercial Division.
The lawyer says that after the judgement, Desire discovered existence of parallel concealed proceedings in which a consent order had been fraudulently obtained on October 30/2023 where it was agreed to unlawfully utilize the money held by the company in trust for merchants for the benefit of law firms of Omwanza and Areba Associates and Ivy Ateko Ingati.
He says the proceedings which gave birth to the consent order were stage managed and done in collusion by the said Omwanza and Areba Associates advocates and Raphael John on the other hand with the aim of unlawfully withdrawing and utilising the funds held at Desire’s Bank account in the guise of payment for legal fees while consciously knowing that the controversy over the respondent was alive and well before a competent court.
In the letter,Omari says the impugned consent order was obtained without the duo of Omwanza and Areba Associates and Ivy making material disclosure to the court as the status of their client and the said proceedings were commenced in bad faith with the ill intention of unlawfully utilising funds amounting to Sh 74,300,000 held in clients accounts.
Omari wants the Dpp to move with speed and direct the Inspector General of Police to investigate the glaring fraudulent activities and conspiracies to defraud and steal.
“Our client shall lose monies amounting to Sh 74,300,000 which monies belong to Merchants who have in the past utilized our clients platform”added Omari.
