Court finds businessman in contempt in Embakasi petrol station management row

The High Court in Nairobi has found a businessman to be in contempt of court in a row with an oil marketing company.

Justice Peter Mulwa in his ruling, said that Abdullahi Mohamed had breached his orders, barring him from interfering with Roshan Energies Limited business.

“After service, the Defendant continued to assert physical and operational control over the premises, confronting security personnel and interfering with the Plaintiff's property and business activities, conduct he seeks to justify by reference to an asserted ownership interest. That justification is legally untenable,’ ruled Justice Mulwa.

At the heart of the case is a property situated at Utawala near Embakasi General Service Unit (GSU).

Roshan, alongside its directors Abdiaziz Ali, Abdifayah Mohamed, sued Abdullahi, arguing that despite court orders, there were goons who invaded the property, beat up security guards and destroyed items.

Their lawyer, Cecil Miller, stated that Abdullahi had personally confronted daytime guards on November 22, 2025, and allegedly aggressively questioned their presence.

“Eyewitness accounts confirm that the defendant was present at the property on the morning of November 22, 2025… the defendant further stated that he would continue to breach the court orders. This admission demonstrates a deliberate, brazen, and knowing disregard of the orders of this honourable court and underscores that the only effective orders capable of restraining the defendant and upholding the authority of this court are orders for committal in a civil jail,” argued Miller.

The lawyer further said that when his clients went to report to Embakasi Police Station, Abdullahi allegedly admitted before the Officer Commanding Police Division that he had entered the contested property despite existing orders.

In his response, Abdullahi told the court that he is a law-abiding citizen who has never engaged in any criminal activity. He asserted that the claims were allegedly driven by business rivalry.

“It is regrettable and appalling for the applicants to allege without substantiation that my counsel's request for the court to grant a nearer ruling date, and informing the court of the theft on the suit property, was setting up the ground for acts of criminality,” replied Abdullahi.

He told the court that Roshan allegedly invaded his property in August 2025. According to him, this was reported to the Embakasi Police Station and subsequently reported to the Directorate of Criminal Investigations (DCI).

He said that since he got the court orders, he had allegedly kept off the property in compliance.

Abdullahi narrated that on November 19, 2025, he allegedly passed near the property and he allegedly saw two men who were damaging it.

“One had climbed on the rooftop unscrewing something,” he claimed, adding that he allegedly peeped through and showed a traffic police officer whom he called.

Abdullahi said that the Officer Commanding Station allegedly declined to record his complaint.

On November 21, 2025, the businessman claimed that he was called by the Deputy OCS and upon arrival, he was told to accompany them to the property to see whether there was any theft.

They confirmed and documented the massive destruction on the property, which really broke me, but I had no choice but to wait for the court's outcome,” he claimed.

Abdullahi further claimed that he had spent more than Sh 120 million to lease and develop the petrol station. He also denied sending goons or criminals.

“I cannot destroy nor steal from my own investment as alleged by the plaintiffs. I reiterate that I never disobeyed nor acted contrary to the court order to invade the property as alleged by the plaintiffs, but I reported the matter of looting, theft and wanton destruction of my investment to the police, who accompanied me to the ground to document everything,” he replied.

He instead shifted blame to Abdiaziz and, Abdifayah whom he claimed that they alongside one Ibrahim Abdikadir allegedly chased his employees and contractors.

In a further response, the two told the court that there were eyewitness.