The High Court has denied an application for a hotel associated with Tourism Cabinet Secretary Alfred Mutua to access three bank accounts to assist with operations.
In September 2023, the court issued orders prohibiting Mutua and one other co-director, Emily Chebet Loroupe, from withdrawing, transferring, depositing, or dealing with funds held in three bank accounts belonging to Hotel Brazillian Rodizio Limited in Lavington, Nairobi County.
The hotel, Brazillian Rodizio Limited, filed an application to access the funds in the open bank accounts to assist with operations.
The hotel argued that if it is not allowed to access its three bank accounts and withdraw funds to meet its expenses, including operational costs, salaries, statutory deductions, rent, utilities, and business premises insurance, it will be unable to continue with its business operations and functions for the remainder of January 2024 and beginning in February 2024.
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“The 3rd Defendant is the most affected by the ex-parte orders issued on September 15, 2023, restraining it or any of the other Defendants from withdrawing, transferring, disposing of and/ or dealing whatsoever with the money held in ***** (three bank accounts) because if it cannot access and withdraw the funds, then it cannot manage and operate its’ business functions including meeting its’ expenses and statutory requirements,” reads court papers.
In the case, Ubhi Ripthuman Sighn went to court, accusing Alfred Mutua and Emily of mismanagement and excluding him from decision-making. He claimed he had reliable information that several dealings and transactions had occurred and never approved the transactions as a co-director.
Sighn claims that he has repeatedly requested copies of various company documents relating to the fiscal year 29022/2023, but he has been ignored.
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