' RULING
1. The Applicant by an exparte Notice of Motion dated 18th September, 2025 under section 888 of the Companies Act Cap 486 of the Laws of Kenya seeks an extension of time to register a charge of a sum of Kenya Shillings Ninety Two Million Two Hundred and Sixty (92,260,000/=) of the Borrower who is the Respondent.
2. The Applicant claims that the debenture was not registered at the company’s registry within 30 days as prescribed by section 885 of the Companies Act. This was due to the ongoing digitization of Government records which led to the lack of availability /delay in procuring the Deed File for registration purposes.
3. The Applicant/Chargee and the Respondent/Chargor are desirous of having the Charge registered.
4. The Applicant’s Advocates P J KAKAD & CO. ADVOCATES rely upon the Affidavit of PARTH PRAVINCHANDRA KAKAD sworn on 18th September, 2025 in which he states the reasons for the non-compliance.
5. The Applicant now seeks an order of this Court under Section 888 of the Companies Act to extend the time and permit late registration.
6. Under Section 884 of the Companies Act, the Registrar is mandated to keep a register of charges, register those charges, issue a certificate of the charge or authenticate it with a seal.
7. Under Section 885 of the Companies Act, a deadline of Thirty (30) days from the date the charge is created, is stipulated for by law.
8. In the event of default, any interested party or company may move the Court under Section 888 (1) of the Companies Act for an extension of the deadline.
9. The parameters that the Court must consider before granting the extension are:
(a) Whether it was accidental or due to inadvertence or some other reasonable cause.
(b) Whether non-compliance has prejudiced the creditors or members of the company.
(c) If it is just, equitable, fair and reasonable.
(d) Whether the mistake, or omission and misstatement is rectifiable
10. The reason given in this application for extension is administrative delays.
11. In a similar application for extension of time for registration of a charge by Silvers spread Hardware Ltd in favour of Bank of Baroda (Kenya) Ltd (2021) eKLR the Court held it has wide discretion to extend the time to safeguard the interests of justice in deserving cases.
12. The Court is persuaded that the application is meritorious. As to costs the same shall be in the cause.
Determination
13. The application by way of a Notice of Motion dated 18th September, 2025 is allowed in the following terms;
14. The time for registration under Section 888 of the Companies Act No. 17 of 2015 of the Charge made on the 4th day of July, 2025 between CABLE CONNECT LIMITED (herein after referred to as “the Borrower”) of the one part and BANK OF BARODA (KENYA) LIMITED (herein after referred to as “the chargee” be and is HEREBY extended by Thirty (30) days from the date of this Ruling.
15. The Costs be in the cause.
16. It is so ordered.
17. This file be deemed as closed.
Dated, Signed and Delivered at Milimani this 25th September, 2025.
NJOROGE BENJAMIN K.
JUDGE
In the presence of: -
Miss Koki for the Applicant.
Mr. Peter Wabwire - Court Assistant.
'
1. The Applicant by an exparte Notice of Motion dated 18th September, 2025 under section 888 of the Companies Act Cap 486 of the Laws of Kenya seeks an extension of time to register a charge of a sum of Kenya Shillings Ninety Two Million Two Hundred and Sixty (92,260,000/=) of the Borrower who is the Respondent.
2. The Applicant claims that the debenture was not registered at the company’s registry within 30 days as prescribed by section 885 of the Companies Act. This was due to the ongoing digitization of Government records which led to the lack of availability /delay in procuring the Deed File for registration purposes.
3. The Applicant/Chargee and the Respondent/Chargor are desirous of having the Charge registered.
4. The Applicant’s Advocates P J KAKAD & CO. ADVOCATES rely upon the Affidavit of PARTH PRAVINCHANDRA KAKAD sworn on 18th September, 2025 in which he states the reasons for the non-compliance.
5. The Applicant now seeks an order of this Court under Section 888 of the Companies Act to extend the time and permit late registration.
6. Under Section 884 of the Companies Act, the Registrar is mandated to keep a register of charges, register those charges, issue a certificate of the charge or authenticate it with a seal.
7. Under Section 885 of the Companies Act, a deadline of Thirty (30) days from the date the charge is created, is stipulated for by law.
8. In the event of default, any interested party or company may move the Court under Section 888 (1) of the Companies Act for an extension of the deadline.
9. The parameters that the Court must consider before granting the extension are:
(a) Whether it was accidental or due to inadvertence or some other reasonable cause.
(b) Whether non-compliance has prejudiced the creditors or members of the company.
(c) If it is just, equitable, fair and reasonable.
(d) Whether the mistake, or omission and misstatement is rectifiable
10. The reason given in this application for extension is administrative delays.
11. In a similar application for extension of time for registration of a charge by Silvers spread Hardware Ltd in favour of Bank of Baroda (Kenya) Ltd (2021) eKLR the Court held it has wide discretion to extend the time to safeguard the interests of justice in deserving cases.
12. The Court is persuaded that the application is meritorious. As to costs the same shall be in the cause.
Determination
13. The application by way of a Notice of Motion dated 18th September, 2025 is allowed in the following terms;
14. The time for registration under Section 888 of the Companies Act No. 17 of 2015 of the Charge made on the 4th day of July, 2025 between CABLE CONNECT LIMITED (herein after referred to as “the Borrower”) of the one part and BANK OF BARODA (KENYA) LIMITED (herein after referred to as “the chargee” be and is HEREBY extended by Thirty (30) days from the date of this Ruling.
15. The Costs be in the cause.
16. It is so ordered.
17. This file be deemed as closed.
Dated, Signed and Delivered at Milimani this 25th September, 2025.
NJOROGE BENJAMIN K.
JUDGE
In the presence of: -
Miss Koki for the Applicant.
Mr. Peter Wabwire - Court Assistant.
'