Kenyan businessman Koome Kirimi, who was charged with defrauding a Rwandan national of over KES400 million involving a tech firm, has been acquitted. This follows a decision by a Nairobi court that allowed the Director of Public Prosecutions (DPP), Renson Ingonga, to withdraw the criminal case against him.

In a ruling delivered by Milimani Principal Magistrate Ben Mark, the court agreed with the DPP's application to withdraw the case, stating, “I therefore acquit Kirimi under Section 202 of the Criminal Procedure Code,” said the
magistrate.

Koome Kirimi, a former director of Stay Online Limited, was accused of conspiring with others to defraud the firm's CEO, Desire Muhinyuza, of $2,619,583.27 (approximately KES400 million). He allegedly committed the offence on various dates between July 10 and October 2023 in Nairobi.

The businessman was also charged with stealing $100,000 (about KES 14.9 million) from Stay Online Limited — funds that had been entrusted to him for the payment of the company’s taxes.

Kirimi was also accused of making a false entry of $100,000 into his USD account held at Equity Bank and of giving false information to a police officer. He was released on a cash bail of KES500,000 after being charged on October 17, 2023.

Regarding ownership, the High Court had earlier ruled that the disputed KES400 million fintech company belongs to a Rwandan investor. Justice Alfred Mabeya declared that Desire Muhinyuza was the legitimate owner of Stay Online Limited (SOL).

"Accordingly, I find and hold that the first plaintiff (Muhinyuza) is the beneficial owner of the company. The first defendant (Kirimi Koome) committed fraud by failing to properly complete the beneficial ownership form at the time of incorporation," he ruled. 

Justice Mabeya also ordered Koome to repay $100,000 (KES14.9 million), which he had received from the Rwandan investor for tax purposes but failed to remit. Additionally, Koome was also directed to pay interest on the $2.6 million (KES400 million) at the prevailing court rate.

In the dispute, Kirimi had claimed ownership of SOL, while Muhinyuza told the court that Kirimi was appointed as the company’s agent to navigate immigration challenges and comply with Kenyan banking regulations.

Defence lawyer Stanley Kangai did not oppose the application by the DPP to withdraw the case. According to him, the case dragged on for too long due to the complainant’s failure to proceed.

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