Export certification firm sues former boss over passwords

A local company involved in certification of agribusiness products for export is locked in an Internet account passwords dispute with its former managing director.

Africert Limited has sued Ruth Ruguru Nyaga for refusing to disclose the Internet passwords for the company’s communication although she resigned from the company on October 18, 2013.

Through lawyer Samuel Makori, the company wants Ms Nyaga to hand over passwords and credentials for the domain www.africert.co.ke.

Made losses

The company, whose products include fruits, vegetables, tea and coffee, claims that it has made losses as some of its customers have stopped doing business with it owing to the communication difficulty.

It also accuses Ms Nyaga of using the said passwords and credentials to access the domain for personal benefit, including soliciting for work from their long-term clients through a company she formed.

Africert alleges that it has been forced to go through a fruitless tedious process in a bid to reclaim administrative rights over the domain.

“She has retained full control of the company’s domain and they are unable to do business or keep in touch with clients, if this is not heard in the shortest time possible they will incur irreparable loss,” Mr Makori said.

According to Andrew Nderitu, the company director, the firm has lost at least 17 clients from Kenya, Uganda, Tanzania and Zambia since January 2013.

Ms Nyaga was accused of failing to discharge her duties besides financial misappropriation after a May 2013 audit revealed irregularities.

Mr Nderitu claimed that the former MD failed to remit cheques authorised and signed by signatories of the company for paying PAYE and VAT to the Kenya Revenue Authority on the expected dates.

The company alleges that Ms Nyaga failed to remit Sh9 million, which has seen it slapped with a Sh4.9 million penalty.

Sold assets

Africert further alleges that the company has had to sell some of its assets to clear part of the debt in a way that has frustrated operations, lost the certification licence from Global GAP which had cost it $7,495 (Sh756,995) and refunded some of its clients.

“As a result of her actions, the board passed a resolution … authorising the filing of a suit to seek orders stopping Ms Nyaga from further using our domain and name,” Mr Nderitu said.

The company is also seeking damages for breach of trust and fraud.

Lady Justice Olga Sewe directed that the matter be heard on December 8, and Ms Nyaga to file her response to the suit before the date.