Injunction Issued in KSh 194M Charity Assets Battle
In the affidavit sworn by Fiore Londino, the applicant stated that since 2018, they have been working together with the respondents in the furtherance of charitable and religious works in Kenya and beyond.
A multi-million shilling dispute has erupted between two evangelical missions over ownership of critical ministry assets, prompting a High Court order to freeze all transfers.
At the heart of the legal battle is Mission SOS International (MSI). This globally active evangelistic nonprofit claims its trusted partners at Mission SOS Africa (MSA) are attempting to hijack its operations, seizing vehicles, equipment, and control of its Kilgoris base, assets MSI says were acquired through nearly Ksh 194 million in donor funding.
Calling the move a betrayal of trust, MSI turned to the courts, accusing MSA leadership of orchestrating a covert takeover. Justice Charles Kariuki, sitting in the Kilgoris High Court, responded with swift action, issuing a temporary injunction to protect the contested property.
The judge noted that there exists a relationship between the applicant and the respondents with confirmation that the suit assets were acquired as donations in the ordinary course of charitable collaboration and the facts establish a prima facie case meriting trial.
In allowing the application, Justice Kariuki stated that “from the foregoing analysis and the discretion granted to this Court under Order 40 of the Civil Procedure Rules, I find that the Applicant has met the threshold for the grant of interlocutory injunctive relief.”
Dishon Mbugua the general overseer of MSA, Gabriel Charlo secretary, and Margaret Nabwoba treasurer were alleged to have breached the trust relationship and
intent to defraud the applicant by resolving to take over, occupy, possess, and interfere with the applicant’s operations at the mission SOS base in Kilgoris where the said motor vehicles and equipment are domiciled.
In the affidavit sworn by Fiore Londino, the applicant stated that since 2018, they have been working together with the respondents in the furtherance of charitable and religious works in Kenya and beyond.
MSI contends that it invested Ksh 193,990,500 from donors to acquire the motor vehicles and equipment forming the subject matter of this suit. The applicant says “We purchased and imported the motor vehicles and audiovisual equipment.” They submitted that motor vehicle KDD 942J was bought and registered in the name of Margaret Nabwoba as trustee.
The assets are in the custody of the applicant, who continues to use them for its charitable work all over East and Central Africa. It added that it has employed over 50 people who operate, maintain, and manage the assets whereas the respondents have never been involved in the same.
In their response, MSA, in an affidavit by Dishon Mbugua, opposed the claims, stating that the suit motor vehicles were lawfully acquired, registered, and are in the legal and beneficial ownership of himself and Nabwoba.
“No complaint, objection, or caveat was ever lodged at any Police Station or with the National Transport Safety Authority (NTSA) against the process of purchase, transfer, or registration of the said motor vehicles either by the Plaintiff or any third party at the relevant time,” read the affidavit in part.
They deny the allegations, stating that the assets were acquired as donations in the ordinary course of charitable collaboration, and there is no evidence of an express, resulting, or constructive trust in favor of the Plaintiff.
They urged the court to dismiss the application saying no irreparable loss has been shown and if at all the Plaintiffs were to succeed, monetary compensation would suffice.
After analyzing the submissions, Justice Kariuki proceeded to grant temporary injunction orders as sought until the matter is heard inter parte and determined. He further directed the OCS Kilgoris police station to ensure compliance with the orders by the court.
