1. The application before the Court is dated 24.6.2026. It seeks injunctive orders.
2. The Defendants have responded by filing a Replying Affidavit as well as a Notice of Preliminary Objection. What is challenged is the jurisdiction of this Court to hear this dispute. It is said to be premature. That the Plaintiff has alternative remedies under the Companies Act.
3. There is an Extra Ordinary General Meeting scheduled for 20.7.2026. Miss Okoth seeks that this Court stops that meeting.
4. That the Plaintiff has received a Notice that is geared towards his removal as a director of the company.
5. Allegations are raised that the decision for removal is pre-determined. That the meeting was called by a company Secretary who is not duly appointed.
6. The Court warns itself that this is an application made for an interim order at the interlocutory stage. The Court should only stay or suspend or stop the Extra Ordinary General Meeting if it is satisfied that a prima facie case is made out. That the Plaintiff stands to suffer loss or harm that cannot be compensated by way of damages.
7. At this preliminary point the Court notes that a company ordinarily will work through a Board of Directors. The Extra Ordinary General Meeting is when all the true owners of the company (the shareholders) get to participate. They then make decisions that affect the company.
8. The Plaintiff has been served with a Notice of the Agenda of the Extra Ordinary General Meeting. He has been requested to attend and answer to specific claims made against him.
9. The outcome of the meeting cannot be known to this Court as the meeting has not been held.
10. The Plaintiff should be able to face the other shareholders and explain himself to them. That right to be heard has been given to him. He also knows the accusations made against him.
11. If he opposes the holding of the Extra General Ordinary Meeting, he will also have the floor and can address the issue.
12. The Court is not satisfied of any breach as at this point, that would warrant the suspending of the Extra Ordinary General Meeting on 20.7.2026.
13. The Court issues the following directions;
a) Let the Application be disposed of by way of written submissions.
b) The Notice of Preliminary Objection is also a response to the Application and will be heard and argued alongside the Application.
c) The Plaintiff may file a Further Affidavit and submissions within 14 days from today’s date.
d) The Defendants may file submissions to the Preliminary Objection as well as submissions in response jointly (one set of submissions) within 14 days.
e) The Plaintiff may file Supplementary submissions in response to the Preliminary Objection within 14 days upon being served.
f) The Application will be mentioned on 29.10.2026 to confirm compliance and for further directions.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 8TH DAY OF JULY, 2026.
NJOROGE BENJAMIN K.
JUDGE
2. The Defendants have responded by filing a Replying Affidavit as well as a Notice of Preliminary Objection. What is challenged is the jurisdiction of this Court to hear this dispute. It is said to be premature. That the Plaintiff has alternative remedies under the Companies Act.
3. There is an Extra Ordinary General Meeting scheduled for 20.7.2026. Miss Okoth seeks that this Court stops that meeting.
4. That the Plaintiff has received a Notice that is geared towards his removal as a director of the company.
5. Allegations are raised that the decision for removal is pre-determined. That the meeting was called by a company Secretary who is not duly appointed.
6. The Court warns itself that this is an application made for an interim order at the interlocutory stage. The Court should only stay or suspend or stop the Extra Ordinary General Meeting if it is satisfied that a prima facie case is made out. That the Plaintiff stands to suffer loss or harm that cannot be compensated by way of damages.
7. At this preliminary point the Court notes that a company ordinarily will work through a Board of Directors. The Extra Ordinary General Meeting is when all the true owners of the company (the shareholders) get to participate. They then make decisions that affect the company.
8. The Plaintiff has been served with a Notice of the Agenda of the Extra Ordinary General Meeting. He has been requested to attend and answer to specific claims made against him.
9. The outcome of the meeting cannot be known to this Court as the meeting has not been held.
10. The Plaintiff should be able to face the other shareholders and explain himself to them. That right to be heard has been given to him. He also knows the accusations made against him.
11. If he opposes the holding of the Extra General Ordinary Meeting, he will also have the floor and can address the issue.
12. The Court is not satisfied of any breach as at this point, that would warrant the suspending of the Extra Ordinary General Meeting on 20.7.2026.
13. The Court issues the following directions;
a) Let the Application be disposed of by way of written submissions.
b) The Notice of Preliminary Objection is also a response to the Application and will be heard and argued alongside the Application.
c) The Plaintiff may file a Further Affidavit and submissions within 14 days from today’s date.
d) The Defendants may file submissions to the Preliminary Objection as well as submissions in response jointly (one set of submissions) within 14 days.
e) The Plaintiff may file Supplementary submissions in response to the Preliminary Objection within 14 days upon being served.
f) The Application will be mentioned on 29.10.2026 to confirm compliance and for further directions.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 8TH DAY OF JULY, 2026.
NJOROGE BENJAMIN K.
JUDGE