1. I have considered the Notice of Motion dated 25th February 2025, in which the applicant seeks to lift and/or discharge the orders granted in favour of CMC Di Ravenna pursuant to this Court’s ruling delivered on 28th September 2020. The application is supported by the affidavit sworn on even date by Michael Kipruto Kandie. I am satisfied that the application was duly served, as evidenced by the affidavit of service sworn on 23rd May 2025. Mr. Mangich, learned counsel holding brief for Senior Counsel Kiragu Kimani, informed the Court that the 2nd respondent does not oppose the application.
2. I have perused the ruling of 28th September 2020, whose effect was to stay all proceedings against the company, CMC Di Ravenna. In that ruling, the Court recognised the composition proceedings lodged by the said company before the Court of Ravenna, Italy, which was acknowledged as the centre of main interest. Notably, the Court granted creditors liberty to apply for modification or termination of the stay orders should they be dissatisfied with the voluntary administration process (see paragraph 58.4 of the ruling).
3. The applicant seeks to terminate the said relief. If granted, the effect of varying the orders of 28th September 2020 would be to allow the applicant to prosecute its claim in HCCC No. E458 of 2019, wherein it seeks recovery of KShs. 244,700,523/- from CMC Di Ravenna Kenya Limited.
4. I have also considered the evidence on record and remain mindful of the directions at paragraph 58.3 of the ruling, wherein this Court directed the Judicial Commissioners to adopt such process that shall give the Kenyan creditors meaningful and affordable access and participation in the process of voluntary administration.
5. Despite the above directions, apart from the correspondence dated 1st December 2021 and 28th June 2022, there is no further evidence of continued engagement of the Company with creditors or updates on the progress of the composition process. More importantly, the averments made by the applicant have not been controverted. In the circumstances, the applicant’s apprehension appears well-founded.
6. I am persuaded that it would be fair and just to allow the application to enable the applicant to pursue its claim against the company. Accordingly, the stay orders granted in favour of CMC Di Ravenna pursuant to the ruling dated 28th September 2020 are hereby discharged and/or lifted. The applicant shall have the costs of the application.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 28TH DAY OF JULY 2025.
F. MUGAMBI
JUDGE
2. I have perused the ruling of 28th September 2020, whose effect was to stay all proceedings against the company, CMC Di Ravenna. In that ruling, the Court recognised the composition proceedings lodged by the said company before the Court of Ravenna, Italy, which was acknowledged as the centre of main interest. Notably, the Court granted creditors liberty to apply for modification or termination of the stay orders should they be dissatisfied with the voluntary administration process (see paragraph 58.4 of the ruling).
3. The applicant seeks to terminate the said relief. If granted, the effect of varying the orders of 28th September 2020 would be to allow the applicant to prosecute its claim in HCCC No. E458 of 2019, wherein it seeks recovery of KShs. 244,700,523/- from CMC Di Ravenna Kenya Limited.
4. I have also considered the evidence on record and remain mindful of the directions at paragraph 58.3 of the ruling, wherein this Court directed the Judicial Commissioners to adopt such process that shall give the Kenyan creditors meaningful and affordable access and participation in the process of voluntary administration.
5. Despite the above directions, apart from the correspondence dated 1st December 2021 and 28th June 2022, there is no further evidence of continued engagement of the Company with creditors or updates on the progress of the composition process. More importantly, the averments made by the applicant have not been controverted. In the circumstances, the applicant’s apprehension appears well-founded.
6. I am persuaded that it would be fair and just to allow the application to enable the applicant to pursue its claim against the company. Accordingly, the stay orders granted in favour of CMC Di Ravenna pursuant to the ruling dated 28th September 2020 are hereby discharged and/or lifted. The applicant shall have the costs of the application.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 28TH DAY OF JULY 2025.
F. MUGAMBI
JUDGE