1. I have considered the Notice of Motion application dated 20 January, 2023 (“the Application”) together with affidavit sworn in support seeking to lift the corporate veil of the respondent.
2. I note from the outset that the Respondent did not appear for oral examination contrary to the orders of this court issued on 9th November, 2023 and to date has not filed any response to the present application.
3. However, in the absence of such oral examination, I of the view that it would be premature for this Court to make any finding in relation to the criteria applicable to lift or pierce the corporate veil of the Company and to hold the Directors personally accountable.
4. Nor do I think that the Directors ought to benefit from willful and deliberate breach of court orders.
5. Accordingly, a Notice to Show Cause is hereby issued to the Directors, namely James Kirunyu Kimani, Eric Kahura Kamau, Christopher White and Florian Huehne (“the Directors”) compelling the Directors to show cause why they should not be committed civil jail for breach of the orders dated 9th November, 2023 issued by this Court.
6. The Applicant remains at liberty to cross examine the Directors at a future date and is granted leave to file further submissions following oral examination of the Directors.
7. The Application is therefore allowed in part in the terms set out above with costs payable by the Directors.
8. The remaining issues pertaining to lifting of the corporate veil are held in abeyance pending oral examination for the reasons set out above, and to preserve the rights of all the parties.