I&M Bank Lawsuit, Ethics Complaints, and Case Updates
To access the Court documents in this lawsuit, including affidavits and exhibits, notices sent to Multilaw and Chambers and Partners, and complaints submitted to the Office of the Judiciary Ombudsman, please visit the post titled I&M Bank and Safaricom Examined: The Story Their Documents Tell, The Legal Files, and Inside the Evidence.
August 2026 Update
The Case Activities recorded to date in the Kenyan Judiciary’s Case Tracking System are set out below. No ruling was delivered on July 9, 2026, following an ex parte request by I&M Bank, through Wamae & Allen LLP, seeking a stay of the ruling. The request was granted ex parte.
NOTICE OF WITHDRAWAL
Kagirison Research
https : //kagirison.org/
Date: July 30, 2025
*******
NOTICE OF CONTENT WITHDRAWAL
Title of Withdrawn Content: I&M Bank, CBEX, Money Laundering, and Cryptocurrency Fraud
Originally Published On: April 19, 2025.
Location: https://kagirison.org/im-bank-money-laundering-cbex-crypto-fraud
*******
Following the conversion of about 5000 words of our research – on evidence fabrication by Safaricom and the Directorate of Criminal Investigations – from restricted access to free access on July 20, 2025; I&M Bank through their lawyers, Wamae & Allen LLP, drafted an application on July 21, 2025, and moved to court under Certificate of Urgency on July 23, 2025, to seek gag orders and takedown orders on our research focused on CBEX operations in Kenya. On July 23, 2025, at 1207 hours EAT (East African Time), Wamae & Allen LLP submitted the application, plaint, and required documentation to court. However, from Wednesday July 23, 2025, to Saturday July 26 2025, their application could not be formally filed in court because they had not paid the court fees.
Their application was formally filed in court on Sunday July 27, 2025, at 1944 hours EAT (07:44 PM at night), and on July 28, 2025, at 2059 hours EAT (08:59 PM at night), Senior Principal Magistrate [SPM], A.Nyoike, sitting in Milimani Commercial Magistrate Court, issued exparte interim orders that converted prayers made by I&M Bank (through their lawyers, Wamae & Allen LLP) into court orders. These orders were issued through a Court Directions document.
NO FORMAL COURT ORDERS DOCUMENT, EX PARTE ORDERS SET TO LAST FOR MORE THAN 14 DAYS (UPDATED ON JUNE 2026)
There exists no formal Court Orders document issued by Milimani Commercial Magistrate Court, ergo there is no record of proceedings, recitals, attestations, nor penal notice (for enforcement of Contempt of Court proceedings). Also, there is no record of any undertaking as to damages. Normally, when granting ex parte orders, this court issues a Court Orders document that is properly attested and contains all the formal elements as required by law. My request for extraction of orders was unsuccessful.
Based on the date set for the inter partes hearings, the ex parte orders – which were issued as mandatory injunctions – were set by Hon. Nyoike to last for 15 days (if the day the orders were issued is excluded, or 16 days if this day is included), though Order 40 Rule 4(2) of the Civil Procedure Rules, 2010 (CPR) sets the lifespan of any ex parte order issued by the court to a mandatory maximum of 14 days, which means the inter partes hearing must occur on the 14th day at the latest (which would have been August 11, 2025 in this case, and Hon.A.Nyoike [SPM] was on duty on that day). By setting the inter partes hearing to be on the 15th or 16th day, while Order 40 Rule 4(2) of the CPR set the legal lifespan of an ex parte order to 14 days, then the obvious question that arises is: had these ex parte orders lapsed when the inter partes hearing happened? If these ex parte orders were dead by mandatory operation of the law when the inter partes hearing occurred, could they be legally extended as interim orders? Relatedly, there was no recordings of reasons for granting the ex parte orders as per Order 40 Rule 4(1). It is notable that I&M Bank and Wamae & Allen LLP cited Order 40 Rule 4 as one of the statutory basis of the application used to obtain the ex parte orders.
The Court Directions document along with the Notice of Motion were served on July 29, 2025, by Peter Ngeno, thus confirming that I&M Bank and Wamae & Allen LLP could easily reach the author. Service was affected via email at 1116 hours EAT (at forenoon) and then via WhatsApp at 1118 hours EAT. Previous contacts between Kagirison Research and I&M Bank and Wamae & Allen LLP are proved by correspondence included as exhibits in this Notice of Motion. The Affidavit of Service filed by I&M Bank confirmed service of these documents.
MANDATORY EX PARTE INJUNCTIONS BASED ON PLAINTIFF’S PRAYERS
The ex partes orders issued mandatory injunctions as they turned prayers made by I&M Bank into court orders.
The prayers called for “withdraw from publication” of the post named in the attached screenshot. Our publication contains factual information. We believe the interim orders are prejudicial against the public who will benefit from the information contained in the said publication.
Orders in terms of prayer 3(a) do issue in the interim
A.Nyoike sitting in Milimani Commercial Magistrate Court.
Prayer 3(a) appears as follows in the notice of motion filed by Wamae & Allen LLP.
We hereby wish to inform our readers that the article titled “I&M Bank, CBEX, Money Laundering, and Cryptocurrency Fraud“, which was published on April 19, 2025 on this website, has been formally (and temporarily) been withdrawn from publication as per the interim court orders.
This decision has been made following the court directions dated July 28, 2025. In accordance with this, we have taken the following actions:
- The content has been removed from public view on this website.
- In the interim, we will not reproduce or distribute the original content on our social media accounts.
This notice of withdrawal is issued without admission of liability, fault, or wrongdoing. The content was withdrawn solely to comply with the interim court orders that were issued exparte. As stated, we have reservations against the interim orders.
We thank our readers for their continued engagement and understanding. For now, we are doing our best not to be in contempt of the honorable court.
Sincerely,
Antony Kagirison,
Kagirison Research.
UPDATE: MARCH 16, 2026
Case Number: MCCC/E5274/2025
On October 22, 2025, the court granted leave (i.e permission) to I&M Bank to file their Further Affidavit and Written Submissions as the Plaintiff in this lawsuit, following a request by Wamae & Allen LLP for 14 more days to get instructions from the Plaintiff. The court directions issued on the same day reserved March 03, 2026, as the date to reserve a ruling date on the Notice of Motion dated July 21, 2025, and filed on July 27, 2025, with ex parte orders issued on July 28, 2025 at 2059 hours EAT (East Africa Time, in this case, Nairobi Time).
On February 26, 2026, the Plaintiff filed their Further Affidavit and Written Submissions, with the Further Affidavit being sworn on January 13, 2026, and the Written Submissions completed on February 23, 2026. I had filed my Replying Affidavit on August 08, 2025, as a rejoinder to the Supporting Affidavit sworn by the Plaintiff on July 21, 2025, and filed on July 27, 2025. The Plaintiff requested a leave of court on August 12, 2025, to respond to my Replying Affidavit through a Further Affidavit, which as mentioned was filed on February 26, 2026. Relatedly, I filed my Written Submissions on August 26, 2025.
On March 03, 2026, the Plaintiff confirmed filing their submissions, and the Ruling Date was set for July 09, 2026 at 1430 hours EAT (UTC+03). The court directions that were issued on March 03, 2026, at 1146 hours EAT are exhibited below.
The court records of the progress of this lawsuit is exhibited below.
