The High Court at Milimani has issued a warrant of arrest for a man linked to Java House Limited following a judgement that was delivered earlier today requiring him to pay a Narok petrol station owner Kshs. 9,465,000 after finding he was defrauded through a coffee shop deal that never materialised.
In a judgment delivered virtually on 12th February 2026, Lady Justice J.W.W. Mongare ruled in favour of plaintiff Awil Abdirahman Abdulle against the 3rd and 4th defendants, Van Houten and Kiss Cosmetics Limited.The judgment was delivered after the defendants failed to present witnesses or challenge the plaintiff’s evidence in court.
Mr. Abdule told the court that in May 2021, he was approached by an agent for Java House about opening a coffee shop at his property, where he operates the OLA ENERGIES petrol station. After the meeting agreed to fund renovations to meet the company’s specifications and signed a six-year lease agreement on December 6, 2021.
Between November 2021 and August 2022, the plaintiff made multiple payments totaling Ksh 13,295,000 to Van Houten. The funds were requested for renovation deposits, contractor payments, coffee bean purchases for Java, and kitchen equipment for Kukito Limited. He also claimed to have spent an additional Ksh 23,467,609 directly on contractors.
The court found that while the plaintiff sought Ksh 23,467,609 for construction and Ksh 13,495,000 paid to Kiss Cosmetics, he was only able to strictly prove a portion of these sums.
“The Plaintiff produced receipts which I have perused and the same indicate that Van Houten was paid a total of Kshs 6,840,000 from my tabulation,” the judge noted. The court also verified a finance agreement showing the plaintiff paid Kiss Cosmetics Ksh 2,625,000.
On 19th October 2022, however, Abdulle alleged that he received a notice terminating the lease, with the project cited as “not commercially viable.” A promised refund of Kshs. 6,350,000 by Van Houten never materialised, and the equipment and coffee paid for were never supplied.
While Justice Mongare delivered the ruling, he emphasized that special damages must be strictly proved. “A party claiming special damages must demonstrate that they actually made the payments before compensation is permitted,” the judgment stated, adding that failure by a defendant to contest a case does not absolve the plaintiff of the burden of proof.
During their defense, Kiss Cosmetics invoked the doctrine of Ex turpi causa non oritur actio (no action arises from a dishonorable cause), suggesting the payments might have been bribes. However, the court dismissed the argument due to lack of evidence.
The 3rd Defendant’s amended counterclaim seeking Ksh 19,000,000 was also dismissed in its entirety for want of proof.
Van Houten denied introducing himself as an agent or making promises about the restaurant, though he vaguely admitted there “may have been” a lease. He claimed money received into his personal account was for “other personal ventures, gifts, charity, or friends” and denied any knowledge of the coffee purchase financing and equipment supply agreement.
Abdulle withdrew his case against Java House Limited and Kukito, maintaining his suit only against Van Houten and Kiss Cosmetics.
The court awarded the plaintiff Ksh 9,465,000 with interest at court rates of 12% per annum from the date of judgment until payment in full, plus costs of the suit.
