In 2018 Amaco was found by the court to have defaulted on a payment amounting to Ksh 19 million to Mama Rachel Memorial Foundation.
The company proceeded to the High Court to bar the NGO from demanding payment of the amount or auctioning its assets pending the determination of an appeal.
However, on Wednesday, June 22, Justice Chepkwony dismissed the plea by Ruto’s company setting the stage for auctioning.
In the ruling, the judge said the company failed to offer a substantive explanation for the delay in filing the request to halt the execution of the magistrate’s ruling.
“The ruling in the lower court which Amaco wishes to appeal against was rendered on May 23, 2019, and the application (for stay) was filed on January 31, 2022.
This was beyond the requirement of 30 days as provided for under the Civil Procedure Act,” said the judge.
“Mama Rael Memorial Foundation, which is a successful party, should not be denied the opportunity to enjoy the fruits of its judgment,” the judge added.
The judge further stated that Ruto’s company did not provide any evidence to indicate its appeal had any chances of success.
At the same time, the judge dismissed the request by Amaco to change their advocates saying it was only designed to deny justice to the complainant.
“It should be noted that any party has a right to choose advocates of their choice to represent them. But the same should not be used as a tool to prejudice the successful party from reaping the benefits of their judgment, as I believe in the case herein,” said the judge.
In 2020, the High Court had sanctioned the winding up of Ruto’s company after six people sued it for failing to pay them or sometimes issuing fake cheques.
“That Africa Merchant Insurance Company Limited is hereby liquidated under supervision of the official receiver and liquidator,” Judge Margaret Mungai directed.