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High Court Judge Refuses to Step Aside in Bonfire Adventures Feud — Legal Battle Deepens

 


NAIROBI — A commercial dispute between the estranged co-founders of Bonfire Adventures and Events Ltd has taken another dramatic turn after a High Court judge declined to step aside from the case despite allegations of bias. The decision has intensified public attention on a legal fight that has not only strained personal relations between the founders, Sarah Njoki Nyaga and Simon Waithaka Kabu, but threatens the future of one of Kenya’s once-leading travel agencies.

A Company in Conflict: From Success to Courtroom

Founded in 2007, Bonfire Adventures quickly rose to become a prominent travel and tour firm in Kenya, known for curated holiday packages and a strong online presence. Its success made it a household name among middle-class holidaymakers planning safaris, beach trips, and international excursions.

However, behind the popular brand lies a bitter dispute between its founders, who were formerly married. What began as a promising business partnership has devolved into multiple legal battles as both parties seek control of the company’s operations, assets, and direction.

The Recusal Request and Judge’s Ruling

At the center of the latest legal drama was an application by Ms. Nyaga asking the presiding High Court judge to recuse himself from hearing the commercial dispute. She argued that certain remarks made in court and delays in addressing earlier applications created a “reasonable apprehension of bias” and could prejudice the outcome in favour of Mr. Kabu  .

Ms. Nyaga’s concerns included alleged court comments suggesting that granting specific orders could “cripple the company,” despite such relief not having been formally requested. She also expressed frustration with repeated references to mediation, which she said stalled progress after a mediator had already declared negotiations unsuccessful in mid-2025.

However, the judge dismissed these claims, stating that no evidence met the legal threshold required for a recusal. The court emphasized that mere dissatisfaction with procedural directions or rulings is insufficient to justify stepping aside, and that references to mediation or delays were not inherently indicative of bias.

Broader Legal Battles Behind the Headlines

The recusal application is just one front in a larger battle involving the founders. The dispute has spilt into numerous legal filings and claims, including a contentious case over the ownership and use of 48 company telephone lines central to customer bookings and operations. Ms. Nyaga sought court orders to prevent Mr. Kabu from interfering with the lines, which she argued are essential company assets despite being registered in his personal name. Mr. Kabu counters that each line’s registration makes them his property, complicating the legal questions about asset control and corporate ownership.

There have also been other related legal issues, including lawsuits outside of the company dispute — such as a former nanny’s claim against the couple for alleged personal misconduct involving leaked CCTV footage — though not all have proceeded through court due to jurisdictional matters.

What’s at Stake

At the heart of the conflict is more than just corporate strategy or personal rivalry. The Bonfire Adventures legal saga touches on serious issues about shareholder rights, asset ownership, and the separation between personal and business interests. With reported revenue streams in the billions of shillings tied to company operations and customer communications, the outcome could materially affect employees, clients, and the overall brand’s viability.

Legal experts note that prolonged disputes of this nature can erode public confidence, disrupt business continuity, and potentially push a thriving company into operational paralysis if unresolved. The courts are now tasked with not only adjudicating on technical legal points but also providing clarity on how such corporate disputes enforce accountability and fairness.

Moving Forward

With the judge’s refusal to recuse himself, the main commercial dispute between Ms. Nyaga and Mr. Kabu will proceed under the current judicial oversight. Both parties remain entrenched in their positions, and further hearings are expected to unpack complex issues of company governance, asset control, and financial accountability.

As the Bonfire Adventures story continues to unfold in court, it serves as a stark reminder of how personal relationships and business partnerships can collide — with high stakes for everyone involved.

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