1) This ruling is on the ex-parte originating summons dated 14-5-2026. The summons which is brought under Section 56 of Trustee Act (Cap 167) and the inherent jurisdiction of this Court seeks three orders.
1. Authority to the 1st Applicant in her capacity as trustee to charge the property known as Loc.11/Maragi/1953 to the Respondent, Hazina Sacco Society Ltd for a sum not exceeding Kshs. 11,000,000/= (eleven million) only.
2. This Court to direct that the borrowed funds to be utilized for the completion of the Construction of the already started residential/commercial building situated on the property known as plot No. 71 in Chieko Santon Kasarani.
3. The 1st Applicant to be authorized to sign and execute all the requisite legal charges, instruments of charge and loan agreements to give effect to the said borrowing of the loan facility.
4. That the costs of the application be in the cause.
2) The motion is based on ten(10) grounds and it is supported by the affidavit sworn by the first Applicant dated 14-5-2026.
The gist of the grounds and the affidavit is that the charging of the suit land and obtaining the loan is necessary to revive the stalled project and this revival is for the benefit of the minors herein. It is also for the best interest of the Children.
3) Upon consideration of the motion, I find that it has merit and the same is allowed in terms of prayers 1,2,3 and 4.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 30th day of July, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistant – Antony
Applicants counsel – Absent
Respondent’s Counsel – Absent
1. Authority to the 1st Applicant in her capacity as trustee to charge the property known as Loc.11/Maragi/1953 to the Respondent, Hazina Sacco Society Ltd for a sum not exceeding Kshs. 11,000,000/= (eleven million) only.
2. This Court to direct that the borrowed funds to be utilized for the completion of the Construction of the already started residential/commercial building situated on the property known as plot No. 71 in Chieko Santon Kasarani.
3. The 1st Applicant to be authorized to sign and execute all the requisite legal charges, instruments of charge and loan agreements to give effect to the said borrowing of the loan facility.
4. That the costs of the application be in the cause.
2) The motion is based on ten(10) grounds and it is supported by the affidavit sworn by the first Applicant dated 14-5-2026.
The gist of the grounds and the affidavit is that the charging of the suit land and obtaining the loan is necessary to revive the stalled project and this revival is for the benefit of the minors herein. It is also for the best interest of the Children.
3) Upon consideration of the motion, I find that it has merit and the same is allowed in terms of prayers 1,2,3 and 4.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 30th day of July, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistant – Antony
Applicants counsel – Absent
Respondent’s Counsel – Absent