The Application dated 05.04.2023 seeking an order that. "the orders granted by this Court on 14th June 2022 be and are hereby reinstated and or extended during the currency of the Declaration of the Moratorium by the Statutory Manager on 5th April 2023 and for such other Moratorium Declaration Extensions as may be declared by the Statutory Manager" is struck out for the following reasons.
1. This matter was originated by the application dated 18.05.2023 seeking orders in support of moratorium declared by the Statutory Manager with effect from 05.04.2022.
2. The court did grant the said orders and which remained in force during the period of statutory management under the Statutory Manager.
3. The Applicant has now filed COMM/MISC No. E257 of 2023 seeking to extend the term of the Statutory Manager for a further period.
4. I hold the that the moratorium is dependent on the term of the Statutory Manager and the period of statutory management which is now the subject of another suit; COMM/MISC No. E257 of 2023.
5. Since the basis on which this suit is based has expired following expiry of the term of the Statutory Manager, the Applicant should now seek the extension of the Moratorium and other orders in the pending matter.
6. The orders sought herein should be sought in COMM/MISC No. E257 of 2023 as the moratorium runs in tandem period of statutory management and cannot exist independently. To grant this order assumes the court will allow the pending application.
DATED and DELIVERED at NAIROBI this 12th day of APRIL 2023
D. S. MAJANJA
JUDGE