Kasarani Member of Parliament (MP) Ronald Karauri is facing a jail term for defying a court order.
Gambling firm Milestone Games where Karauri is a principal had been barred from using SportPesa brand in Kenya’s gaming business.
Now, following the continued use of the brand, SportPesa shareholder Asenath Wachera Maina wants legal action taken against Milestone Games principals – Karauri and Bernard Chauro.
Wachera also wants the Betting Control and Licensing Board (BCLB) board members punished for failing to terminate the use of SportPesa brand as ordered by the court.
“The cited contemnors herein do stand committed to jail for a period as this court may determine and or pay a punitive fine for contempt of court in that being aware of the orders issued by the High Court on September 19
“On September 19, the court issued an order suspending the operation and use of the bookmakers licence number 0000448 pending hearing and determination of the judicial review application,” Wachera said in affidavits filed in court last week.
In May 2022, Milestone Games was barred from using the SportPesa trademark pending the hearing and determination of a petition challenging an alleged fraudulent allocation of the trademark to the firm.
High Court Judge Dorah Chepkwony directed that Milestone Games Limited and Sportpesa Global Holdings Limited be restrained from using the trademark until the matter is determined.
“That a temporary injunction be and is hereby issued restraining the 4th and 5th Defendants whether by themselves, their officers, agents, servants, proxies and/or any other person acting under direction, control or authority from using the trademark number 74874 under Class 41 known as “Sportpesa” pending the hearing and determination of this application,” Chepkwony ordered.
Wachera dragged Milestone Games to court for allegedly irregularly, fraudulently and unlawfully assigning the trademark to both Milestone Games Limited and SportPesa Global Holdings Limited.
She accused Karauri and former SportPesa Company secretary Robert Macharia of assigning the trademark to the two firms without the approval of shareholders of PEVANS.
Wachira argued that the move was contrary to the express provisions of section 158 of the Companies Act No. 17 of 2015.
She stated that Karauri executed a deed of assignment which transferred the Sportpesa trademark from Pevans Limited to Sportpesa Global Holdings Limited (SGHL) at a fee of GBP 100,000 which was offset by amounts Pevans purportedly owed SGHL.
Thereafter, Macharia allegedly appointed himself the agent for SGHL and applied for registration of the Sportpesa trademark.