The High Court has dismissed a bid by TechnoService Limited to cross-examine former Microsoft East Africa Country Manager, Kendi Nderitu, in a long-running commercial dispute pitting the Kenyan firm against Microsoft and its global affiliates.
- •Justice Peter Mulwa ruled that TechnoService had failed to establish sufficient grounds to justify the extraordinary step of calling Nderitu to testify under cross-examination.
- •The ruling represents a setback for TechnoService, which has been battling Microsoft entities over claims linked to the Frame Repair Services Agreement and alleged breaches arising from the restructuring of Nokia’s business.
- •The row has stirred public interest because it pits a Kenyan firm against tech giants Microsoft and Nokia in a maze of contracts.
The company had alleged that Nderitu’s affidavit, sworn in October 2021, contained contradictions relating to the transfer of Nokia’s mobile phone business to Microsoft Mobile Oy.
TechnoService’s director, Bulent Gulbahar, argued that without testing Nderitu’s evidence in open court, the truthfulness of her statements would remain unresolved. He claimed her deposition was riddled with inconsistencies, particularly around which Microsoft entities were party to contracts with TechnoService and whether obligations had shifted to Nokia or its successors.
In response, Microsoft, through its Principal Corporate Counsel, Otilia Phiri, defended the affidavit and opposed the application. He noted that Nderitu had sworn it in her official capacity as Country Manager and that her statements reflected her knowledge of Microsoft’s operations in Kenya and the wider region. He further argued that the disputed issues were matters of public record, such as the widely reported 2014 sale of Nokia’s handset business to Microsoft.
“Allegations of perjury and forgery are serious. Nonetheless, such allegations must be backed by cogent and credible evidence. In the instant case, the applicant has merely pointed to contradictions without producing any independent material to establish deliberate falsehood,” Justice Mulwa observed.
The Court also noted that Nderitu has since left Microsoft, making the request less compelling. Minor discrepancies in her affidavit, such as mismatched commissioning dates, were deemed irregularities that did not amount to perjury.
