1. I have gone through the previous proceedings and directions in this matter and do not find it useful to write a considered ruling with regard to the application dated 27th November, 2024 contrary to the directions I inadvertently gave on 27th October, 2025.
2. I had on 17th October, allowed counsel for the decree holder to file a formal application in order to clearly define issues and documents the decree-holder needed from the judgment debtor to assist in inquiring into the affairs of the company for purposes of settling the decree of the court. This I felt was necessary to provide the judgment debtor with an opportunity respond and indicate if it would be possible to provide the documents requested or not.
3. I regret that around the time I gave the directions, I faced health challenges, was out of office for treatment and may not have been in my best element and also was not available to sit for a while to give further directions herein. This is an old matter and needs to be disposed of at the level of this court. It would therefore not serve useful purpose to write a formal ruling after submissions on an issue I had already given directions on.
4. In that regard, I hereby direct that Counsel for the decree holder furnishes the judgment debtors counsel with a schedule of additional documents he requires for the purposes of further examining the judgment debtor’s company’s secretary Mr. Robert Wanyoike or any other director that will be ready and willing to be examined on the affairs of the company for purposes of deciding whether or not it would be appropriate in the circumstances to lift the corporate veil and hold the directors/shareholders of the company liable for its debts.
5. Therefore let Counsel for the decree-holder avail such schedule within 14 days from the date of this ruling and let the judgment debtor respond within 21 days of service of such schedule. Let the matter be mentioned on 30th June, 2025 for further directions.
6. It is so ordered.
Dated at Nairobi this ……… day of…………. 2026
Delivered virtually this……… day of ………….2026
Abuodha Nelson Jorum
Presiding Judge-Appeals Division