A daughter of a former assistant minister has been sued by a businessman seeking payment of Sh10 million for breach of a business contract.
Lawyer William Arusei for Christopher Mbindyo Mulwa — a real estate developer — urged Lady Justice Jaden Thuranira to compel Pamela Soila Keen, the late John Keen’s daughter, to pay him the money for breach of contract and damages.
Mr Mulwa had entered into an agreement with Ms Keen to hand over the management of a Studio Plaza housed at Kenya Re-Insurance Building on December 31, 2007 at a monthly rent of Sh80,000.
The lease term was for a period of five years that was renewable. He had operated in the premises for 10 years.
Mr Mulwa was to employ and or terminate the services of any member of staff who were working by then.
Mr Arusei told the judge that it was also an express provision of the agreement that the businessman was at liberty to make any interior changes of the premises to suit his interests.
Besides the management of secretarial services bureau, selling of stationeries, mobile phones, airtime and accessories, Mr Mulwa also carried other business transactions for his other companies Orok Communications Limited which later changed its name to CrownBit Limited.
He also entered into a dealership agreement with Safaricom Limited on October 1, 2007 to sell its products.
Mr Arusei stated that on December 19, the same year, Ms Keen acting as director of Naivanoi African Operations evicted Mr Mulwa and his companies Orok Communications Limited and CrownBit Ltd “without any colour of right.”
“Besides she illegally took away goods belonging to the plaintiffs (Mlwa, Orok and CrownBit) and occasioned them loss,” Mr Arusei argued.
He told the judge that Ms Keen did not observe clause 8 of their written agreement which stated that “any party wishing to terminate the same (Agreement) would give a 12 months’ notice or pay cash value of the said notice based on monthly consideration.”
The plaintiffs informed the judge the actions of Ms Keen amount to a criminal act and they reported at the Kenyatta International Conference Centre Police Station (KICC).
Mr Mulwa says that as a consequence, he suffered a monthly loss of Sh221, 000 translating into Sh9,735,000.
The judge heard that the mean profit loss occasioned by Ms Keen’s action is Sh10,100,000.
In her defence, however, Ms Keen argues that she is a stranger to the allegations levelled against her saying that she was not a lessee of the property.
She adds that she was not an agent of Kenya-Reinsurance, the proprietor of the premises, and that neither was she a director of Studio Plaza Limited.
Justice Thuranira directed the case be heard further on July 26.