The decision in the case of Kimaco Connections is without any legal basis, it is clear that the judge does not understand the economy.
The mistakes of unprofessional judges create an unstable economic environment in Kenya and dozens of foreign companies are under attack due to bad decisions of individuals. The latest is the verdict in the case of Kimaco Connections Limited, which is a real example of how foreign investors can suffer incalculable damage.
According to the judge, the money that was paid to them for providing software platforms for another company was from illegal funds whose origin could not be explained, but such a verdict is absolutely illegal.
It is based on the judge’s prejudices, without any evidence and it is clear that the judge does not understand the economy. She passed an illegal verdict, as if judging a state-owned company and deciding whether there are quality decisions in a company. If things were done this way, no company would exist.
This decision is illegal and the Court of Appeal will surely annul it. Kenya not lost a shilling of tax, what seems to be the Judge Esther Maina’s problem?
Decisions made this way force foreign investors out of the country and there is no doubt they will seek legal protection from the competent international institutions for the protection of investors’ rights.
Kimaco Connections Limited’s accounts have been blocked. If you block Kimaco or any other company in the middle of a business arrangement, of course they will not complete your order. And then the companies that operate properly, pay taxes regularly, hire thousands of people, help the community through socially responsible projects are under attack.
Decisions like this do great harm not only to foreign investors, but also to the state of Kenya, all because of the misunderstanding of one judge, who destabilises the economic environment in the country.