1. This court was moved by an application filed by the Applicant on 20 th December 2025 seeking various orders. The Court upon considering the application exparte issued directions for parties to appear before it on 29 th December 2025.
2. Having heard the parties’ oral submissions and having confirmed indeed that the Applicant, Mr. Ian Mimamo, has since taken over the management of the Company, Mutanga Investments Limited, pursuant to the orders of the court issued on 15 th August,2023, the Court notes that the contempt orders issued by this court subsequently are considered purged and are hereby discharged and vacated forthwith.
3. The court directs that the previous managing director, being the Respondent, Ms. Rose Mimamo, does file a detailed statement of affairs of the Company prior to the said orders of 15 th August 2023. The statement of affairs should include the KRA tax filings for the Company, Bank Account records for the Company, Official search from the Lands Registry for the title for which the Company, Mutanga Investments Limited, has the coffee farm and being Land Reference Number 6380/3.
4. In addition, the statement of affairs should disclose if there are any other assets belonging to the company and known to the previous directors of the Company.
5. Since taking over the affairs of the Company in August 2023 or thereafter, the said Managing Director, Mr. Ian Mimamo has confirmed that the company has in the last two years made sales of coffee cherries to the tune of Kshs. 30,000,000. In addition, he confirmed that the Company has entered into loan agreements with various third parties.
6. The Managing director, Mr. Ian Mimamo, is directed to provide the Court with the current detailed statement of affairs for the Company. The said statement of affairs should include all Board Resolutions and AGM Notices issued in accordance with the Company’s Memorandum and Articles of Association, detailed records of sales and disbursements of the income generated from the farm or the Company including payroll records.
7. Further, the said director shall provide to the Court all Bank Account details of the Company, loan Agreements with third parties and Board Resolutions approving the same.
8. In addition, the said Managing Director is directed to disclose if there are other assets belonging to the Company that are known to him. The statement should include the KRA tax filings for the Company for the last two years since taking over the affairs of the Company and Annual Returns filed at the Companies Registry disclosing ownership and governance structure of the Company.
9. The Court is still optimistic that with goodwill of all the parties, this matter can be amicably resolved and encourages the parties, in the sprit of article 159 of the Constitution, to once again pursue ADR/AJS in the interim.
10. This matter shall be mentioned for further directions on 18/2/2026 in open Court. It is so ordered.
DATED SIGNED and DELIVERED virtually at NAIROBI this 29 th DAY of DECEMBER 2025
............................................................................
J.W.W. MONG’ARE
JUDGE
IN THE PRESENCE OF:-
1. Ms. Angiela for the Applicant.
2. Mr. Nyabuto for the Respondent.
3. Amos - Court Assistant
2. Having heard the parties’ oral submissions and having confirmed indeed that the Applicant, Mr. Ian Mimamo, has since taken over the management of the Company, Mutanga Investments Limited, pursuant to the orders of the court issued on 15 th August,2023, the Court notes that the contempt orders issued by this court subsequently are considered purged and are hereby discharged and vacated forthwith.
3. The court directs that the previous managing director, being the Respondent, Ms. Rose Mimamo, does file a detailed statement of affairs of the Company prior to the said orders of 15 th August 2023. The statement of affairs should include the KRA tax filings for the Company, Bank Account records for the Company, Official search from the Lands Registry for the title for which the Company, Mutanga Investments Limited, has the coffee farm and being Land Reference Number 6380/3.
4. In addition, the statement of affairs should disclose if there are any other assets belonging to the company and known to the previous directors of the Company.
5. Since taking over the affairs of the Company in August 2023 or thereafter, the said Managing Director, Mr. Ian Mimamo has confirmed that the company has in the last two years made sales of coffee cherries to the tune of Kshs. 30,000,000. In addition, he confirmed that the Company has entered into loan agreements with various third parties.
6. The Managing director, Mr. Ian Mimamo, is directed to provide the Court with the current detailed statement of affairs for the Company. The said statement of affairs should include all Board Resolutions and AGM Notices issued in accordance with the Company’s Memorandum and Articles of Association, detailed records of sales and disbursements of the income generated from the farm or the Company including payroll records.
7. Further, the said director shall provide to the Court all Bank Account details of the Company, loan Agreements with third parties and Board Resolutions approving the same.
8. In addition, the said Managing Director is directed to disclose if there are other assets belonging to the Company that are known to him. The statement should include the KRA tax filings for the Company for the last two years since taking over the affairs of the Company and Annual Returns filed at the Companies Registry disclosing ownership and governance structure of the Company.
9. The Court is still optimistic that with goodwill of all the parties, this matter can be amicably resolved and encourages the parties, in the sprit of article 159 of the Constitution, to once again pursue ADR/AJS in the interim.
10. This matter shall be mentioned for further directions on 18/2/2026 in open Court. It is so ordered.
DATED SIGNED and DELIVERED virtually at NAIROBI this 29 th DAY of DECEMBER 2025
............................................................................
J.W.W. MONG’ARE
JUDGE
IN THE PRESENCE OF:-
1. Ms. Angiela for the Applicant.
2. Mr. Nyabuto for the Respondent.
3. Amos - Court Assistant