RULING
1. The matter for determination is the Exparte application dated 27th April, 2026. It is filed by the Applicant. It is supported by the Affidavit of Boniface Okello Abuya , Advocate. He practices as an advocate of the High Court of Kenya with the firm of M/s. Iseme Kamau & Maema Advocates .
2. The Applicant seeks the following orders;
a) THAT this Honourable Court be pleased to certify this application as urgent and heard exparte.
b) THAT this Honourable Court be pleased to extend the time within which to register the Fourth Further Debenture dated 20th August, 2025 by Twiga Stationers and Printers Limited (the company) in favour of I&M Bank Limited with the Registrar of Companies by a further period of thirty (30) days from the date of issue of this order.
c) THAT the costs of this application be in the cause.
Issues for determination
3. The Court has carefully considered the application, the supporting Affidavit and the annextures thereto. The Court is of the view that only one issued arises for determination as follows;
(a) Whether an extension of time should be granted to the Applicant to register the Fourth Further Debenture dated 20th August, 2025 at the Companies Registry out of time.
4. The power of the Court to extend time for the registration of a Debenture outside the period of 30 days is provided by Section 888 of the Companies Act. Section 885 of the Companies Act sets the time limit for such registration at thirty (30) days.
5. The Debenture was duly registered. It is dated 28th August, 2025. The process of registration was through the Borrower’s Directors e-Citizen account. The application for registration did not reflect on the Director’s portal, even after payment. This led to delay in processing the documents. This delay went on until April, when the application was reflected at the Directors portal.
6. By this time, the statutory period for registration had long lapsed. This has necessitated the filing of the application for extension of time.
7. The reasons adduced are reasonable and plausible. These are factors beyond are control of the Applicants. They are curable by this application.
8. It is deponed that the nature of the delay is not to prejudice the position of Creditors or members of the company.
9. In the circumstances the Court is persuaded to grant the prayers sought.
10. In Motions of this nature, the fair order is that there be no orders as to costs.
Determination
11. The Applicant’s application by way of a Notice of Motion dated 27th April, 2026 is allowed as follows;
a) THAT this Honourable Court HEREY certifies this application as urgent and the same is HEREBY heard exparte.
b) THAT this Honourable Court HEREBY extends the time within which to register the Fourth Further Debenture dated 20th August, 2025 by Twiga Stationers and Printers Limited (the company) in favour of I&M Bank Limited with the Registrar of Companies by a further period of thirty (30) days from the date of issue of this order.
c) THAT the costs of this application be in the cause.
12. It is so ordered.
13. This file is HEREBY marked as closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF APRIL, 2026.
NJOROGE BENJAMIN. K
JUDGE
1. The matter for determination is the Exparte application dated 27th April, 2026. It is filed by the Applicant. It is supported by the Affidavit of Boniface Okello Abuya , Advocate. He practices as an advocate of the High Court of Kenya with the firm of M/s. Iseme Kamau & Maema Advocates .
2. The Applicant seeks the following orders;
a) THAT this Honourable Court be pleased to certify this application as urgent and heard exparte.
b) THAT this Honourable Court be pleased to extend the time within which to register the Fourth Further Debenture dated 20th August, 2025 by Twiga Stationers and Printers Limited (the company) in favour of I&M Bank Limited with the Registrar of Companies by a further period of thirty (30) days from the date of issue of this order.
c) THAT the costs of this application be in the cause.
Issues for determination
3. The Court has carefully considered the application, the supporting Affidavit and the annextures thereto. The Court is of the view that only one issued arises for determination as follows;
(a) Whether an extension of time should be granted to the Applicant to register the Fourth Further Debenture dated 20th August, 2025 at the Companies Registry out of time.
4. The power of the Court to extend time for the registration of a Debenture outside the period of 30 days is provided by Section 888 of the Companies Act. Section 885 of the Companies Act sets the time limit for such registration at thirty (30) days.
5. The Debenture was duly registered. It is dated 28th August, 2025. The process of registration was through the Borrower’s Directors e-Citizen account. The application for registration did not reflect on the Director’s portal, even after payment. This led to delay in processing the documents. This delay went on until April, when the application was reflected at the Directors portal.
6. By this time, the statutory period for registration had long lapsed. This has necessitated the filing of the application for extension of time.
7. The reasons adduced are reasonable and plausible. These are factors beyond are control of the Applicants. They are curable by this application.
8. It is deponed that the nature of the delay is not to prejudice the position of Creditors or members of the company.
9. In the circumstances the Court is persuaded to grant the prayers sought.
10. In Motions of this nature, the fair order is that there be no orders as to costs.
Determination
11. The Applicant’s application by way of a Notice of Motion dated 27th April, 2026 is allowed as follows;
a) THAT this Honourable Court HEREY certifies this application as urgent and the same is HEREBY heard exparte.
b) THAT this Honourable Court HEREBY extends the time within which to register the Fourth Further Debenture dated 20th August, 2025 by Twiga Stationers and Printers Limited (the company) in favour of I&M Bank Limited with the Registrar of Companies by a further period of thirty (30) days from the date of issue of this order.
c) THAT the costs of this application be in the cause.
12. It is so ordered.
13. This file is HEREBY marked as closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF APRIL, 2026.
NJOROGE BENJAMIN. K
JUDGE