•In the suit at the Kisumu High Court filed on July 9, the county government and Safaricom Limited are listed as the first and second defendants respectively for breach of the lease contract.
•Under the certificate of urgency, the applicant (Omondi) said the defendants unless restrained will cause him to suffer unmitigated financier loss and damage. Kisumu Governor Anyang’ Nyong’o A businessman has sued the County Government of Kisumu and Safaricom Limited for allegedly violating a lease in the branding of a monument.
Events and Functions Limited Chief executive officer Bernard Omondi sued the county government and Safaricom for taking over and re-branding a monument on Jomo Kenyatta Highway when he had exclusive rights to manage, refurbish, and brand the monument.
In the suit at the Kisumu High Court filed on July 9, the county government and Safaricom Limited are listed as the first and second defendants respectively.
Under the certificate of urgency, the applicant (Omondi) said the defendants, unless restrained, will cause him to suffer unmitigated financial loss and damage.
Through advocate Gideon Odongo, he said the first defendant is about to renew its contract with the second defendant, which continues to fly in the face of the first contract signed with him (plaintiff).
He wants the court to temporary restrain the defendants, their agents, servants, employees, or anybody claiming through them, from renewing the contract to re-brand the monument.
Omondi said the orders sought will ensure the defendants do not violate his commercial rights as his case had high chances of success.
He said he has a valid lease contract with the first defendant (county) to manage and brand the monument for 10 years from May 30, 2014, to May 30, 2024.
In the application, Omondi said the contract has not been terminated nor has the plaintiff breached any terms thereof.
He claimed that the first defendant has breached the contract and unilaterally awarded a parallel contract to the second defendant without his consent, or authority.The plaintiff said the contract awarded to the second defendant is about to expire and unless restrained the defendants are hell-bent renewing the same excluding the plaintiff to his loss and detriment.High Court Judge T. W Cherere ordered that the notice of motion is certified as urgent and application be served upon the respondent.The case will be mention on July 27, 2020, for further directions.
