Isaac Kinyanjui Muitherero v Jonathan Craig Buffey & 2 others; Wild Eye East Africa Limited(Affected Party) [2020] KEHC 5067 (KLR)

Facts

The plaintiff, Isaac Kinyanjui Muitherero, was removed as the Managing Director of the Affected Party (Wild Eye East Africa Limited) by the defendants, Jonathan Craig Buffey and Andrew Leslie Beck, allegedly without due process. The plaintiff claims the defendants acted in bad faith and sought to restore him as the Managing Director and to continue the suit on behalf of the company.

Issues

1. Whether the plaintiff has a prima facie case for the granting of the orders sought in the application.
2. Whether the plaintiff should be restored as the Managing Director of the company.

Reasoning

The court ruled that the plaintiff's removal as a Director was irregular and that the action sought to be stopped has already taken place. The court also found that the plaintiff did not hold the position of Managing Director.

Outcome

The application is partly allowed, with leave granted to continue the suit on behalf of the company as a derivative suit.

Authorities cited