1. I have read the applicant's application dated 5 August 2025, filed under a certificate of urgency of even date. The application is certified urgent. Considering that the 1st and 2nd defendants are alleged to be phantom, sham, non-existent or fraudulent companies which lured the applicant into exporting goods described in the application as medical gloves in Container-BL No THD1374043 said to be worth USD 206,788.40/= into the port of Mombasa, judgment is entered for the plaintiff against the 1st and 2nd defendants to the extent that:
a) The 1st and 2nd defendants or their agents are hereby restrained from collecting
the consignment of goods described as medical gloves in Container-BL No THD1374043 from the 3rd defendant.
b) The plaintiff is hereby ordered to re-ship the consignment of goods described as medical gloves in Container-BL No THD1374043 back to Thailand or any other country except Kenya.
2. The orders in (a) and (b) above are subject to the payment, by the plaintiff/ applicant, of any taxes, levies, duties, or other port charges or charges due to the 3rd defendant, the Kenya Ports Authority, and the Kenya Revenue Authority. The orders are also subject to the plaintiff/ applicant indemnifying any person or entity that may lay a legitimate claim on the consignment of goods described as medical gloves in Container-BL No THD1374043.
3. The 1st and 2nd defendants shall be served with this order forthwith and in any event not later than the close of business today, 6 August 2025, through their last known address of their communication with the plaintiff. The 3rd defendant shall also be served today, preferably personally.
4. Though not parties to this suit, the order shall also be served personally to the Kenya Ports Authority and the Kenya Revenue Authority.
5. The matter shall be mentioned on 22 October 2025. In the meantime, any party is at liberty to apply.
Orders accordingly.
a) The 1st and 2nd defendants or their agents are hereby restrained from collecting
the consignment of goods described as medical gloves in Container-BL No THD1374043 from the 3rd defendant.
b) The plaintiff is hereby ordered to re-ship the consignment of goods described as medical gloves in Container-BL No THD1374043 back to Thailand or any other country except Kenya.
2. The orders in (a) and (b) above are subject to the payment, by the plaintiff/ applicant, of any taxes, levies, duties, or other port charges or charges due to the 3rd defendant, the Kenya Ports Authority, and the Kenya Revenue Authority. The orders are also subject to the plaintiff/ applicant indemnifying any person or entity that may lay a legitimate claim on the consignment of goods described as medical gloves in Container-BL No THD1374043.
3. The 1st and 2nd defendants shall be served with this order forthwith and in any event not later than the close of business today, 6 August 2025, through their last known address of their communication with the plaintiff. The 3rd defendant shall also be served today, preferably personally.
4. Though not parties to this suit, the order shall also be served personally to the Kenya Ports Authority and the Kenya Revenue Authority.
5. The matter shall be mentioned on 22 October 2025. In the meantime, any party is at liberty to apply.
Orders accordingly.