How Kenyan Partner Stole From Us, Foreigner Tells Court

A Rwandese national fighting for the control of a payment solution firm with a Kenyan partner turned rival has narrated before a judge how he founded the company.

Desire Muhinyuza who also alleges to have been conned over Sh 400 million by Kenyan investor Kirimi Koome, informed the High Court that he founded Stay Online Company before seeking to expand the business in Kenya.

He said he founded the company in Rwanda before moving to other African Countries including Kenya and Canada.
The investor said he was introduced to Kirimi Koome by a man identified as Patrick Gakumba, an E-commerce manager at Equity Bank Rwanda and his Employer.

According to Gakumba, Kirimi was a very rich man from a well-known and wealthy family and with whom engaging in business with would be really good.

The court heard that Muhinyuza was first introduced to Kirimi through mobile phone about business and was enlightened by the prospective business partner.

He said they agreed with Kirimi to incorporate and extend Stay Online Company to Kenya and the latter would be a Kenyan representative.

Koome would then proceed with the registration on his behalf before the Rwandan updated his immigration status.

Upon being instructed by Muhinyuza to register the companies, Koome allegedly wrote to Pamela Ager stating that stay online has been registered successfully and that he was to was 100 percent shareholder of the company.

He (Koome) further allegedly told Ager that he and Muhinyuza were in an agreement to take over as the owner of the company as Muhinyuza was still processing his legal stay in Kenya.

“The initial capital demanded to facilitate the SOL Company in Kenya was USD 100,000 where the negotiation was engaged with the bank in Kenya and the amount was reduced to USD 29000,” said the investor.

Muhinyuza further told the court that he initiated a transfer of USD 20,000 from the Stay Online Company account to Kirimi Koome Equity personal account which was meant for facilitation costs of the company.

According to the documents presented before the court, the USD20,000 that was transferred to facilitate the company in Kenya was never wired to the company’s account, but instead, it was wired to Kirimi Koome’s personal account held in Equity bank Meru branch.

The M-Pesa statements presented before court as witness indicated that Kirimi started transferring the said money meant for company’s provision for his personal use through his M-Pesa account.

Kirimi further requested USD 100,000 which Kirimi explained to Muhinyuza that was for the facilitation of tax provision for approval which was further wired to Kirimi’s personal account.

In a WhatsApp message document between Koome and Muhinyuza provided in court, Koome had demanded the USD 100,000 after Muhinyuza had enquired why the business had come to a still and why there was no transactions going on.

“Can you please approve those pending transactions since yesterday, business has come to a stop just waiting for your approval, not fair at all. And he responded, kindly initiate USD 100,000 for tax provision,” stated the document.

Further, the document states that Muhinyuza upon enquiring further what the merchants pay out had to do with the next season’s tax of the company, Koome never communicated with the recipient again on the future of the company and that’s when he decided to file a law suit in court.