One of Equity Bank’s top executives has been directed to personally appear before a Nairobi court in a case involving allegations of non-compliance with a court order that froze KSh 4 million in a customer’s account. The court was expected to issue contempt or arrest orders on Wednesday, 9 April 2025, against the bank and its Chief Operations Manager, Mr Samuel Kirubi. However, he failed to appear in person as required. The matter has now been rescheduled for a hearing on 14 July 2025.
The case was filed by Pamoagro Trading Limited, which is seeking to have Mr Kirubi and the account holder, Mr Fred Ombara Ogenya, held in civil contempt for allegedly disregarding the court’s directive.
According to court records, on 18 October 2022, Pamoagro Trading Limited obtained a court order freezing funds held in Mr Ogenya’s account at Equity Bank’s Busia branch. Subsequently, on 21 January 2023, Principal Magistrate S.A. Opande issued another order striking out legal submissions and pleadings made on behalf of Mr Ogenya by the law firm of Dennis Magara and Ashioya & Co. Advocates, citing improper instructions and impersonation.
In a sworn affidavit, Mr Samuel Maina Gitau, on behalf of Pamoagro Trading Limited, alleges that the bank’s operations manager facilitated the withdrawal of the funds by Mr Ogenya, despite being aware of the freezing order.
Further affidavits of service, one sworn by Mr Mathias Mboya Maithya, state that, under instructions from M/s Muhatia Pala & Associates Advocates, the court orders and related applications dated 17 and 18 October 2023 were duly served on Equity Bank at its Upper Hill headquarters in Nairobi, as well as on Mr Ogenya via his legal representatives, with acknowledgements of receipt noted.
Another affidavit, sworn by Mr Peter Muli Muinde, confirms that a subsequent order dated 28 February 2023 was served on both Mr Kirubi and Mr Ogenya on 1 March 2023, with both parties acknowledging service.
The court had previously directed Mr Kirubi to appear in person on 2 December 2023, following non-compliance with an earlier summons issued on 26 September 2023. However, he did not present himself on either occasion. The matter remains under judicial consideration and is set to proceed in July 2025.
