Written by Were Kelly
A Nairobi court has allowed the Director of Public Prosecutions (DPP), Renson Ingonga, to withdraw a high-profile criminal case involving businessman Koome Kirimi, who had been charged with defrauding a Rwandan investor of over Sh400 million in a fintech-related scandal.
In a ruling delivered at the Milimani Law Courts, Principal Magistrate Ben Mark accepted the DPP’s application to terminate the proceedings, citing merit in the request.
“I therefore acquit Kirimi under Section 202 of the Criminal Procedure Code,” said Magistrate Mark.
Kirimi’s defense lawyer, Stanley Kangai, did not oppose the withdrawal, noting that the matter had stalled for months due to the complainant’s failure to proceed with the case.
The businessman, a former director of Stay Online Limited (SOL), was accused of conspiring with unknown individuals to defraud SOL’s CEO, Desire Muhinyuza, of $2.6 million (approximately Sh400 million at the time) between July and October 2023 in Nairobi.
He also faced additional charges of stealing $100,000 (Sh14.9 million) — funds allegedly meant to settle the company’s taxes — and of falsifying entries into his Equity Bank account.
Kirimi had been out on Sh500,000 cash bail since his arraignment in October 2023.
Though criminal charges have been dropped, a prior High Court ruling had already found Kirimi culpable of misconduct involving the same funds.
In a judgment by Justice Alfred Mabeya, the court declared that the disputed company, Stay Online Limited, rightfully belongs to Rwandan national Desire Muhinyuza. The judge ruled that Kirimi had fraudulently misrepresented ownership during incorporation and failed to properly complete beneficial ownership documents.
“The first plaintiff (Muhinyuza) is the beneficial owner of the company,” Justice Mabeya held. “The first defendant (Kirimi Koome) committed fraud by failing to properly complete the beneficial ownership form at the time of incorporation.”
The court directed Kirimi to repay the $100,000 meant for taxes and pay interest on the $2.6 million at the prevailing court rate.
In court documents, Kirimi had claimed to be the legitimate owner of SOL. However, Muhinyuza maintained that Kirimi was only acting as an agent, appointed to help navigate Kenyan immigration and banking compliance processes.
With the criminal case now withdrawn, Kirimi exits the dock — though the High Court’s civil ruling still binds him to substantial financial liabilities to the Rwandan investor.
