A Milimani commercial court has declined to throw out a suit instituted by a public transport company against Uber Kenya involving claims of fare reduction.
Judge Francis Tuiyot said the court cannot accept submissions made by Uber Kenya through its lawyer that it can be exonerated without trial.
"I am unable to accede to the harsh step of striking out the Kanuri Ltd suit against Uber Kenya. The summons is struck out,” he said.
Uber Kenya had asked the court to make an order against Kanuri by having its name struck out from the proceedings and consequently dismiss the suit.
It argued that it is a separate entity from Uber B.V.I. with which Kanuri entered into an online agreement. Uber Kenya denied any contract between it and Kanuri, but the court said striking out pleadings is a drastic action.
In the main case, Kanuri Ltd wants the fare reduction stopped. The firm has a fleet of 17 vehicles registered and operated under Uber’s mobile phone application platform.
The initial agreement with Uber was for customers to be charged Sh60 per kilometre, with the minimum fare being Sh300.
The deal was also that Uber takes 25 per cent from every trip while the fuel, driver, maintenance and all other related expenses were on Kanuri.
The public transport company has listed Uber Kenya Limited, Uber International Holding B.V and Uber International B.V as its respondents.
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