SUSPICIOUS ACTIVITIES BY REGISTRAR OF COMPANIES EXPOSED AS DCI ACCUSED OF ABUSE OF POWERS

SUSPICIOUS ACTIVITIES BY REGISTRAR OF COMPANIES EXPOSED AS DCI ACCUSED OF ABUSE OF POWERS

By Chris Ojow

It has become a common habit by officers at

the Kenyan Registry of Companies allegedly

colluding with criminals to fraud innocent

Kenyan investors of their hard earned assets, in

collaboration with the alleged notorious

unscrupulous officers from the Director of

Criminal Investigations by intimidating the

victims through fabricated charges before

Courts .

A recent and a great good example of such

impunity, is the ongoing matter in various

courts within the Country, where the officers

from the Registrar of Companies together with

officers of the Court based at the Office of the

Country Attorney General and Director of

Criminal Investigations officers allegedly

conspired to frustrate the smooth running of

Galot Industry Limited Company up to date.

The latest and the most ugly incident involves

Park Towers Limited the plaintiffs, where the

company is fighting to regain control of it’s

assets after officers from the Registrar of

Companies were alleged to have deliberately

changed the particulars of the original owners

of the company and to make matters worse the

alleged original owners were charged with

several counts of Criminal offence and

conspiring by the alleged corrupt DCI officers.

Through Lawyer Mbiriri Nderitu, the plaintiffs

Park Towers Limited filed a Civil Suit number

146 of 2017 at Milimani commercial Court

under certificate of urgency and served the

defendants Francis Kirungie Ngatia and Kenyan

Registrar of Companies, seeking determination

of directorship and shareholding of the

companies by Registrar of Companies.

The matter which was filed on 04th April 2017

under certificate of urgency has been pending

before Lady Justice Mary Kassango, where

adjournments occasioned by the defendants

has been the order of the day with even

directions for hearings leave alone

determination of the matter not being

considered, “talk of Justice delayed, Justice

Denied” as mention of the matter is scheduled

on 16th March 2020 for an interested party who

has applied to be enjoined will be heard.

As matter under Certificate of urgency on the

issue of the legality of office holders, of a

disputed Company taking almost four years

and it’s determination is yet to be known, where

shareholders have been reduced to beggars

since they cannot access their rightful sweats

for their own benefits, because the alleged

cartels have erected obstacles with a mission

to take away what do not belong to them?

The application by the plaintiffs was served to

the first respondent through their Officers of the

Court Oyatta and Associates Advocates where

they confirmed receiving the application

through a signed signature and company rubber

stamp on 05th April 2017.

And Kenyan Registrar of Companies the

Government Office received the application

through the Office of the Deputy Registrar

General and signed by the Deputy Registrar

General on April 05th 2017.

In the application the plaintiffs alleged that

Francis Ngatia who was Neither nor

shareholder of Park Towers Limited Company,

allegedly and irregularly allocated himself 99%

of the shares including appointing himself as

the Director.

Through a letter filed before Lady Justice Mary

Kassango at Milimani Commercial Court, dated

on 16th December 2016, the first defendant has

been accused by the applicant of purportedly

removing the agent of the plaintiffs from it’s

premises on L. R No. 209/8408 and L. R

No209/8409 claiming that the grave decision

was made by Park Towers Limited Company,

which the plaintiffs have categorically denied

the allegations as wild and manipulative.

The Registrar of Companies also in the bundles

of Documents filed before Commercial Court

accused the Officers of the Registry for

breaching the law by revoking the decisions

made by the plaintiffs in it’s general meeting

without further verification .

Where the Park Towers Limited Company

stands to lose its shares and other assets to

alleged mascaraed and manipulative Francis

Kirungie Ngatia unlawfully by benefitting

himself.

Under order 40 rules 1, 2, 3, 4 and order 15 of

the Civil proceedure rules, section 103, 863, 864,

and 1004, 1,2,4,6,7,8, of the companies acts

number 17 of 2015 and all other Relevant

provisions of the law.

The plaintiffs are seeking an order to quash the

decision of the Registrar of Companies through

a letter dated 15th December 2016 to

immediately Revoke the CR 12 dated 29th

November 2016 in contraventions of the

provisions of the companies act number 17 of

2015.

Park Towers Limited Company further seeks

the Court to issue an injunction order

restraining Francis Kirungie Ngatia and Kenyan

Registrar of Companies from disposing,

transferring any shares of Park Towers Limited

Company, until the inter partes hearing and

determination of the plaintiffs application, as

the matter is set for a mention on 16th of

March 2020 at 9am East Africa Time.