A judge has quashed a decision banning use of Sportpesa brand by a gaming company.
Judge Pauline Nyamweya’s order in effect allows the gaming company Milestones games limited to use its Safaricom pay bill numbers together with Sportpesa domains.
The judge in a ruling dated November 16 further certified the case by the gaming company as urgent saying that there are likely effects of the decision being challenged in court.
Her decision arose out of an application by the gaming company challenging a decision by the Betting Control and Licensing Board made on October 30, 31 2020.
The board had stopped the Milestone games limited from using the trade name Sportpesa, the domains www.ke.sportpesa.com, www.sportpesa.co.ke, short codes 29050, 79079 and paybill numbers.
Consequently Milestone games moved to court seeking orders to quash the decision of the board.
The court was told that the board in reaching its decision acted outside its powers.
The decision was made without the gaming company being given a chance to make any representation.
Judge directed the parties to file their replies to the suit papers and scheduled the case for hearing on January 25, 2021.
SportPesa and NMG
SportPesa parent company Pevans EA has also sued businessman Paul Ndung’u and Nation Media Group for defamation.
The defamatory remarks were contained in a press statement dated November 1 by Ndung’u and published in several media outlets including the Business Daily.
Pevans now wants the court to issue a permanent order stopping NMG and Ndung’u from publishing any further or similar defamatory material concerning them.
Also sought is an order for compensation.
Pevans says the paper published the offending words “without bothering to verify its truth”.
It claims the words were understood to mean that they are unethical and engage in criminal acts of money laundering and fraud.
“We have suffered monumental loss to our reputation, mental anguish and we seek full compensation,” Pevans says.
According to the court documents, the defendants (Ndung’u and Nation Media Group) have refused to publish an apology despite being served with demand notices.