Kenya Insights

Tag: MultiChoice kenya

  • Architects to Face Criminal Charges in Sh895 Million Multichoice Kenya Dispute

    Architects to Face Criminal Charges in Sh895 Million Multichoice Kenya Dispute

    Stanley Kebathi and Kariuki Muchemi, architects and private consultants at the center of a Sh895 million dispute between Multichoice Kenya and construction firm Cementers, will now face criminal charges after losing their bid to block the prosecution.

    The Court of Appeal dismissed their application, ruling that the charges against them should proceed.

    The three-judge bench, comprising Justices Patrick Kiage, Ali-Aroni, and Lydia Achode, found the appeal by Kebathi and Muchemi, along with their company Interconsult Engineers, to be “devoid of merit.”

    The judges emphasized that both civil and criminal proceedings could be pursued concurrently in this matter. They also noted that there was no evidence to suggest that the decision to prosecute was driven by an ulterior motive.

    The dispute stems from a contract between Multichoice Kenya and Cementers for the construction of Multichoice’s headquarters in Nairobi’s Kileleshwa area.

    Cementers has accused Kebathi and Muchemi of altering a report on the building project, which allegedly led to the termination of the contract.

    The report, which was forwarded to the police, prompted an investigation and subsequent recommendation for criminal charges against the two experts.

    The Director of Public Prosecutions (DPP) reviewed the case and deemed it necessary to proceed with prosecution.

    In their ruling, the appellate judges highlighted that the application for judicial review, filed on March 29, 2022, did not cite any constitutional violations or rights infringements.

    They upheld the lower court’s decision to refrain from assessing the evidence to determine whether a crime was committed, stating that such an evaluation should be left to the criminal trial.

    “We think they should have their day in court where they will confront the charges and evidence assembled against them,” the judges ruled.

    The case has drawn significant attention due to the high stakes involved and the allegations of professional misconduct.

    Cementers claims that the doctored report caused them financial harm and led to the abrupt termination of their contract.

    Meanwhile, Kebathi and Muchemi have maintained their innocence, arguing that the criminal charges are an abuse of the court process.

    With the Court of Appeal’s dismissal of their application, the two architects and their company will now have to defend themselves in court.

    The outcome of the trial could have far-reaching implications for the construction and consulting industries in Kenya, particularly in cases involving disputes over contractual obligations and professional integrity.

    The case is set to proceed as the DPP moves forward with the prosecution, marking a new chapter in the long-standing legal battle between the parties involved.

  • MultiChoice Kenya Fraud Case Stalls Again

    MultiChoice Kenya Fraud Case Stalls Again

    An engineer accused of making a false report over the construction of Sh1 billion property for MultiChoice Kenya has failed to appear in court to plead to the charges.

    Kariuki Muchemi failed to turn up in court to plead to the charges of falsely making a structural Integrity investigation report on proposed construction of an office block for the pay-tv company.

    This is the second time he has not appeared in court after failing to plead to the charges together with other accused persons in January.

    Muchemi is accused that he falsely presented a structural integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd on plot Number L.R NO 3734/421 dated February, 2017.  He allegedly committed the offence in February 2017 at an unknown place, with intent to deceive.

    Muchemi is also expected to plead to the charges of uttering false documents.

    Last month, Wilson Munyu Karaba, Stanley Kibathi, an architect and city lawyer Lavender Lucky Waindi both working for MultiChoice Kenya, appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges.

    They are accused of internationally altering a structural integrity investigation report on proposed construction of the office, an offence they allegedly committed on diverse dates between February 1 and April 13, 2017 at unknown place.

    The accused persons include directors of Interconsults Engineers ltd, Connapex Consulting Engineers ltd, S.K Archplans and Head of legal at MIH East Africa. The charges stated that they jointly conspired together to defraud Cementers Kenya ltd.

    Cementers Limited, the contractors, sued the TV firm arguing that MultiChoice was planning to sell the building located on Nairobi’s Oloitoktok Road even before the dispute is resolved.

    Following his suit, four people including MultiChoice Kenya lawyer have now been charged with conspiracy to defraud Cementers Ltd by intentionally altering the structural Integrity investigation report on a proposed construction of an office block for the company.

    The said report was in favor of the structural engineers, Connapex Consulting Engineering ltd against Cementers Kenya ltd and to demand damages of Sh895 million from Cementers Kenya ltd.

    Waindi is accused that on April 6, 2017 at unknown place incited Kariuki Muchemi to extract part of the structural Integrity investigation report on proposed construction of Office block for Multichoice Kenya ltd. Cementers Ltd is associated with contractor Ramesh Kurji Vishram.

    The three accused persons are out on a bond Sh300, 000 or alternative cash bail of Sh100, 000.

  • MultiChoice Kenya’s Feud With City Tycoon Over Fraud Claims Lands 5 In Court

    MultiChoice Kenya’s Feud With City Tycoon Over Fraud Claims Lands 5 In Court

    Pay-TV service provider, MultiChoice Kenya, is embroiled in a bitter dispute with a contractor after it rejected an Sh895 million faulty office block it had hired a local firm to build.

    Cementers Limited, the contractors, sued the TV firm arguing that MultiChoice was planning to sell the building located on Nairobi’s Oloitoktok Road even before the dispute is resolved.

    Cementers Ltd is associated with rogue contractor Ramesh Kurji Vishram. Vishram is notorious for shoddy jobs and is fighting suits from disappointed clients.

    Following his suit, four people including MultiChoice Kenya lawyer have now been charged with conspiracy to defraud Cementers Ltd by intentionally altering the structural Integrity investigation report on a proposed construction of an office block for the company.

    Wilson Munyu Karaba, Stanley Kibathi, an architect and MultiChoice Kenya lawyer Lavender Lucky Waindi appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges. A fourth suspect, Eugene Kariuki Muchemi was not presented in court. They were allegedly under instructions to alter the report to be in favor of MultiChoice who stand to lose millions in the suit lodged against them.

    They are accused that on diverse dates February 1 and April 30,2017 at unknown place being the directors of Interconsults Engineers ltd, Connapex Structural and Civil Engineering, SK Archplans and head of legal at MIH East Africa respectively, they jointly altered structural Integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd.

    The office block was to be constructed on plot Number L.R NO. 3734/421 and that they allegedly altered the report dated February, 2017 to favour structural Engineer against cementers’ ltd and to demand demurrages from Cementers’ ltd.

    Waindi is accused that on April 6, 2017 at an unknown place, she incited Muchemi to extract part of the structural Integrity investigation report that was to be presented to Cementers ltd.

    The prosecution told the court that in February, 2017 at unknown place, Muchemi knowingly and fraudulently uttered a false structural integrity investigation report purporting it to be genuine structural Integrity investigation report.

    He further faces another charge of making false reports. The court directed him to appear to present himself in court and plead to the charges.

    The three accused persons were released on a bond Sh300, 000 or alternative cash bail of Sh100, 000.

    Lawyer WWambua Kilonzo told the court that they will oppose participation of the victim (Cementers Ltd) in the case.

    Cementers Limited was on March 18, 2015 awarded the Sh895 million contract to build the MultiChoice office block. The firm undertook to complete the work within 83 weeks or October 2016.

    But in January 2016, some beams started sagging prompting the Conapex Consulting Engineers Limited and MultiChoice to commission independent experts to find out the cause of the sagging.

    Conapex were the structural engineers overseeing the construction. Cementers Limited says after this defect was detected the structural engineer was replaced with Interconsult Limited, a firm that had been earlier engaged as an independent expert to audit the building after defects were detected.

    Cementers Limited said MultiChoice declined to give it a signed copy of the report and instead shared an unsigned document.

    The construction company claims that the report was doctored to show the sagging of the beams was caused by concrete. The report, Cementers says, was meant to absolve structural engineers from liability even as it became clear that the defect was structural for which structural engineers should have been held liable.

    Cementers Limited claims that by the time the construction was stopped it had done 70 percent of the work, translating to Sh626.5 million.

    The company claims that due to negative reputation emanating from the project it had lost a contract for development of Habitat valued at Sh1.3 billion and a Sh3.5 billion contract of Five Star Paradise in Kiambu.

  • Safaricom And Jamii Telecom Sued By MultiChoice Kenya Over Copyright Infringement

    Safaricom And Jamii Telecom Sued By MultiChoice Kenya Over Copyright Infringement

    In a landmark case that will put to test the newly legislated Copyright Act 2019, MultiChoice Kenya, a Pay-TV service provider has sued Safaricom and Jamii Telecom over copyright infringement.

    Image result for multichoice safaricom"
    MultiChoice, in the lawsuit filed earlier this month, wants the court to compel Safaricom and Jamii to block access to websites streaming matches. According to the suit, Safaricom and Jamii offer pirated streams from their SuperSport channels.

    “Section 35B of the Copyright Act obligates an Internet service provider to take down any infringing content within 48 hours of being served with a takedown notice,” says MultiChoice in court papers.

    On October 29, MultiChoice sent a takedown notice to the two firms that they accused Safaricom and Jamii Telecom of ignoring their demand.takedown notice dated October 29.

    “The rebroadcasting, retransmitting or replicating the exclusive content of the applicant without their authorization is a breach of their rights, is unlawful and causes irreparable economic loss to the applicant, not to mention other losses and evils that piracy perpetrates,” MultiChoice said.

    Two months ago, President Uhuru Kenyatta signed the Copyright (Amendment) Act 2019. The newly enacted law introduced new clauses that placed liability for copyright infringement on Internet service providers (ISPs).

    “A person whose rights have been infringed by content to which access is being offered by an Internet service provider may request, by way of a takedown notice, that the ISP removes the infringing content,” says Section 35B of the Act in part.

    The amendments have given regulators a wider legal mandate in administrating legislation on copyright and intellectual property.

    Copyright Board of Kenya and Communications Authority of Kenya issued a joint notice earlier this month giving broadcasters and ISPs until the end of November to comply with the new law.

    This comes at a time when Safaricom and local ISPs have been accused of pursuing to challenge the constitutionality of sections 35B, 35C and 35D. The telcos want to scoot the enforcement of the new law.