Kenyan mobile network operator Airtel has won a case against a thirty party who received KSh26.3 million (US$300,000) in a fraudulent transaction by former employee Peter Wahinya Muiruri two years ago.
The Business Daily reports Anthony Omariba Omwenga was ordered to refund Airtel the amount he received from the former employee, who is also facing fraud charges.
“The upshot is that the application by (Mr Omwenga) is without merit and is hereby dismissed with costs to the plaintiff, who is now at liberty to proceed with the execution of the decree and judgment entered on December 18, 2012,” said Mr Justice Jonathan Havelock in a ruling dated June 18, 2014.
In 2012, Airtel filed a case in court seeking to compel Muiruri and Omwenga to refund the cash said to have been fraudulently transferred from the telecom, prompting Muiruri to file his defence while Omwenga failed to file his on time.
According to the court, the reason given by Omwenga for his failure to file defence within the stipulated time was not enough to warrant the court to allow him to defend himself.
He wanted the court to set aside the default judgment arguing he was unable to defend the claim against him since the legal expenses incurred in defending a separate case in which he faced criminal charges had incapacitated him financially.
His delay prompted Airtel to apply for default judgment against him.
Omwenga said the amount claimed was huge and it was in the interest of justice he be allowed to defend himself, arguing if the judgment was executed he would be forced to file for bankruptcy.
Justice Havelock, however, ruled the cost of filing defence was minimal.
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