NAIROBI, Kenya Dec 29 – Milimani Chief Magistrates’ Court has issued an order allowing Rwandese businessman Desire Muhiyunza to access Ksh 400 million held at UBA bank.
Senior Principal Magistrate Dolphine Alego adopted a consent recorded by Desire’s legal team, comprising Danstan Omari, Shadrak Wamboi, Ronald Momanyi, and Omaiyo Aranga, jointly with the Office of the Director of Public Prosecution, led by Prosecuting Counsel James Gachoka and Dorcas Rugut.
The trial magistrate emphasized that the decision made by Justice Mabeya on December 27, 2023, allowing the Rwandese businessman to access his funds is final and has not been appealed. There is no stay on that judgment.
The funds were initially frozen due to Criminal Investigations conducted by the DCI’s office against Kirimi Koome, who has since been charged with conspiracy to defraud.
An attempt by Koome to delay the application seeking to unfreeze the account was declined by the trial magistrate. Koome, who appeared in person, informed the court that he had dismissed his legal team and required two weeks to engage the services of another lawyer.
The application to delay the release of the funds was strongly opposed by the prosecution and lawyers representing Desire. They stressed that the High Court’s decision was final and unappealed.
Speaking to journalists outside the Milimani Law Court, Danstan Omari and his team of lawyers commended the DCI, DPP, and the Judiciary for swiftly protecting investors’ interests. They also acknowledged the media’s crucial role in highlighting the case and providing positive coverage.
The lawyers expressed confidence that investors are now free to invest in the country, thanks to the swift actions of the government’s three branches.
As a result of the court’s decision, Desire was given back control of his company, Stayonline Limited, and Koome was ordered to cover the costs of the case.
