I have read the applicant's application dated 17 July 2025 filed under a certificate of urgency of even date. I am satisfed that the application is urgent and it is hereby granted subject to payment by the applicant of any demurrage or port or other charges or levies due to any of the respondents and subject to the applicant providing indemnity to any party that may lay a legitimate claim on the cargo or consignment issue. In particular, subject to these conditions the following orders are granted:
1. Pending the hearing and determination of the main suit, the applicant is hereby vested with the immediate right to re-export the cargo comprised in Bill of Lading No. MEDUK4535895 to load port in South Korea as the shipper and owner of the cargo.
2. Pending the hearing and determination of the main suit, a mandatory injunction is hereby granted requiring the 1st and/or 2nd Respondents to immediately issue a delivery order in favor of the Plaintiff/Applicant, enabling the Plaintiff/Applicant to take delivery of the cargo in Kenya comprised in Bill of Lading No. MEDUK4535895 for purposes of re-export.
3. Pending the hearing and determination of the main suit and subject to payment of any taxes, duties or levies that may be due to the 2nd Interested Party (Kenya Revenue Authority), the latter is hereby ordered to change the manifest of the cargo comprised in Bill of Lading No. MEDUK4535895 to enable re-export of the cargo out of Kenya upon compliance by the Plaintiff/Applicant with all other applicable customs procedures.
4. Parties at liberty to apply.
In view of the impending August 2025 recess, the matter shall be mentioned for directions on 22 September 2025. It is so ordered.
1. Pending the hearing and determination of the main suit, the applicant is hereby vested with the immediate right to re-export the cargo comprised in Bill of Lading No. MEDUK4535895 to load port in South Korea as the shipper and owner of the cargo.
2. Pending the hearing and determination of the main suit, a mandatory injunction is hereby granted requiring the 1st and/or 2nd Respondents to immediately issue a delivery order in favor of the Plaintiff/Applicant, enabling the Plaintiff/Applicant to take delivery of the cargo in Kenya comprised in Bill of Lading No. MEDUK4535895 for purposes of re-export.
3. Pending the hearing and determination of the main suit and subject to payment of any taxes, duties or levies that may be due to the 2nd Interested Party (Kenya Revenue Authority), the latter is hereby ordered to change the manifest of the cargo comprised in Bill of Lading No. MEDUK4535895 to enable re-export of the cargo out of Kenya upon compliance by the Plaintiff/Applicant with all other applicable customs procedures.
4. Parties at liberty to apply.
In view of the impending August 2025 recess, the matter shall be mentioned for directions on 22 September 2025. It is so ordered.