The Petition dated 17.06.2022 is filed by a Creditor. It alleges that that the Debtor owes it Kshs. 4,000,000.00 under a personal loan agreement which the Debtor failed to pay back. The Petitioner issued and served the 21 day statutory demand dated 11.04.2022 demanding payment but the Debtor did not honour it.
After filing the Petition, it was advertised on 26.09.2022 in Daily Nation. Despite service on the Debtor, the petition has not been opposed. I am satisfied that on the basis of the material before the court, the Debtor is unable to pay its debt. I allow the petition and order as follows:
(a) A Bankruptcy order be and is hereby issued against the Debtor.
(b) The Official Receiver be and is hereby appointed Trustee of the Debtor’s estate.
(c) Costs in the petition shall be in the bankruptcy.
DATED and DELIVERED at NAIROBI this 4th day of NOVEMBER 2022
D. S. MAJANJA
JUDGE