The Rwandese national Desire Muhinyuza who was allegedly conned Sh 400 million by a Kenyan invester Kirimi Koome has told the court he is the beneficial, founder and CEO of Stay Online Company.
During the cross examination by lawyer Omwanza Nyamweya, it was clear that the tussle between Desire and Kirimi lies on who is the ultimate controller of Stay Online Company.
The contest is who is the legal owner and who is the beneficial owner of the company.
Desire said the company started in Rwanda and he wanted to expand the company to Kenya where he could not fastly be leading in registering of the company before legalizing his stay documents in the country.
Desire was introduced to Kirimi Koome by Patrick Gakumba an e-commerce manager and employee of Equity bank in Rwanda branch.
He (Desire) talked via phone with Kirimi about how they can do business together and was enlightened by the prospective business partner,
“I was enticed by the business ideas of Kirimi Koome where I went back to Patrick and tell him I liked him,” said Muhinyuza.
They agreed with Kirimi to incorporate, extend Stay Online Limited (SOL)to Kenya where he would be a Kenyan representative of the Company and would proceed with the registration on his behalf prior updating his immigration status in the country.
The initial Capital demanded to facilitate the SOL company in Kenya was USD 100000 where the negotiation was engaged and the amount reduced to USD29000.
The SOL company transferred USD 20,000 from its account to Kirimi Koome which was meant for facilitation costs of the company.
According to the documents presented before the court USD20,000 was transferred to facilitate the company in Kenya but the money was never wired to the company’s account rather 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 the money was for the facilitation of tax provision for approval where the money was further wired to Kirimi’s personal account.
Muhinyuza told the court that he was only eligible to manage 0.3 % of a 100% whereby he stated that the fund belongs to the merchants and online investors who have invested in the Stay Online Limited from various investors based in Rwanda, Uganda, Tanzania, Kenya and Canada,
“My Lord I am only capable of managing 0.3% of the funds flooding in the company since the money belongs to Marchants who have invested in in the company,” told justice Alfred Mabeya.
Desire Muhinyuza was testifying in a case where he is accusing a Kenyan businessman and invester Kirimi Koome of conning him a total of Sh 400 million meant in facilitating Stay Online Limited in Kenya.
Justice Mabeya adjourned the hearing until tomorrow when the defendant Kirimi Koome will give his testimony.
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