NAIROBI, Kenya Jul 9 – The High Court has declined to remove senior government officials and businessman Jayesh Saini from a multi-million-shilling lawsuit linked to the alleged development and financing of specialised software for the Government of Kenya.
In a ruling delivered on June 25, 2026, the court found that the case raises substantive issues that warrant a full hearing and cannot be resolved through preliminary objections or interlocutory applications.
The applications had been filed separately by the Principal Secretary at the National Treasury, the Head of Public Service and the Attorney General, who argued that the suit did not disclose any reasonable cause of action against them and that they had been wrongly enjoined in the proceedings.
The officials maintained that the claims against them were unfounded, frivolous and an abuse of the court process.
Businessman Jayesh Saini, who is listed as the fourth defendant in the matter, also sought to have his name removed from the proceedings, arguing that he had no contractual relationship with the plaintiffs and had never directly engaged them regarding the project in dispute.
Saini further argued that he had no authority to procure government contracts or mobilise financing on behalf of the State and therefore could not bear responsibility for the claims raised in the suit.
However, the court ruled that the plaintiffs had presented sufficient allegations linking all the defendants to the contested project to justify their continued participation in the proceedings.
According to the ruling, the plaintiffs claim that one of the defendants acted as an agent of the government and made representations with the knowledge, approval and involvement of other parties named in the suit, including senior government officials.
The court also noted allegations that meetings involving officials from the National Treasury, the Office of the Head of Public Service and Jayesh Saini were held to discuss financing arrangements for the proposed software project.
The plaintiffs further allege that funding for the initiative was expected to originate from the National Treasury’s confidential vote allocation.
The judge held that the veracity of those claims can only be established through oral testimony and examination of evidence during trial.
Regarding Saini’s application, the court found that the plaintiffs had made specific claims that he introduced himself as the individual responsible for financing the project and participated in meetings where discussions on funding and implementation took place.
The court observed that if those allegations are ultimately proven, they could form a basis for liability against him.
The judge further held that striking out parties from the proceedings at this stage would effectively amount to determining disputed facts solely through affidavit evidence rather than through a substantive hearing, contrary to established legal principles.
As a result, the court dismissed both applications and directed that all the defendants remain parties to the case pending determination of the suit through a full trial.