Company wants shs 25M as compensation for damages from Safaricom on a Ksm monument

 

            The Monument in Kisumu Along Jomo Kenyatta Highway-Photo By James Keyi

By Dickson Odhiambo

 

September 27, 2023

 

Company wants shs 25M as compensation for damages from Safaricom on a Ksm monument

 

A company wants Safaricom Limited to pay it shs 25Million for damages it has suffered when a monument it was leased to by the County Government of Kisumu was alleged to have been forcefully taken by safaricom in 2019 in Kisumu.

 

The Company known as Events and Functions Limited told a High Court in Kisumu on Tuesday this week that it suffered loses when Safaricom Limited allegedly took a monument in Kisumu forcefully and re-branded it with its colors without following due process of law.

 

Testifying during the hearing of the case before Kisumu High Court Judge Mwanaisha Sharif Said, Events and Functions Limited Chief Executive Officer Bernard Omondi told the Court that it had a Private and Public Partnership agreement with the County Government of Kisumu where the Monument situated along Jomo Kenyatta Highway near National Oil Petrol station was leased to it for advertisement for a period of 10 years from May 2014 to May 2024.

 

He told the court that the License given to his company allowed it to have exclussive rights on the Monument to do advertisements to any client.

 

The Plaintiff told the Court that until 2019, the Events and Functions Limited had leased the monument to Telkom Kenya which branded it with its colors for advertisement and was paying annual fees of shs 4.1Million.

 

He also told the court that its company had a client known as Star times before Telkom became its client.

 

The Plaintiff further told the Court that in July 2019, he was called by a security personnel manning the National Oil Petrol Station next to the monument that some people were removing the Telkom Colors and wanted to re-paint it.

 

He told the Court how he rushed to the scene to see what was happening.

 

The Plaintiff further told the court that on 10 August 2019, that safaricom team through its agent known as Scoreline Company Limited came back and re-branded the  monument with its colors for advertisement.

 

He told the court that he was arrested on the same day and taken to Kisumu Central Police station where he was allegedly locked in the police cells from 9:00am to 7:00pm only to be released on a cash bail of shs 10,000, adding that he was told by then OCS that he was arrested for he wanted to attack the people doing the re-branding of the Monument.

 

He further told the court that he was not charged before the court for such an offence thereafter.

 

 The Plaintiff told the court that on August 21, 2019, he wrote a demand letter to Safaricom Limited wanting to know why the monument was forcefully taken from his company, adding that there was a response on August 23, 2019 from Olotch and Company Advocate who responded on behalf of Scoreline Company Limited that was an agent for Safaricom.

 

The Plaintiff told the court that the re-branding that was done by safaricom Limited  after forcefully taking over the monument defaced the Telkom advert on it hence his company was not paid the annual fees, adding that this is part of the damages it suffered.

 

Hearing of the case is scheduled on February 14, 2024.

 

The plaintiff on the matter is Events and Functions Limited.

 

The County Government of Kisumu is the first Defendant while Safaricom Limited is the second defendant.

 

Saracemedia  Limited is an interested party in the case.

 

 

 

 

 

 

 

 

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