1. The Applicant, Thika Institute of Technology (K) Limited, has moved this Court by a Notice of Motion dated 26 August 2026 seeking, principally, an order extending the time within which it may register with the Respondent the Memorandum of Variation of Charge over Land Title Number Thika Municipality Block 11/1037 for a further period of thirty (30) days.
2. The application is expressed to be brought, inter alia, under section 888(1) of the Companies Act, 2015, Article 159(2)(d) of the Constitution, Sections 1A,1B and 3A of the Civil Procedure Act and Rules, and the inherent jurisdiction of the Court.
3. The application is supported by the affidavit of Mercy Muthoni, Advocate, sworn on the same date.
4. It is deposed that this Honourable Court, by orders dated 6th December 2025 in HCCOMMMISC/E1227/2025, extended the time for registration of the memoranda of variation of charge affecting both Thika Municipality Block 11/1037 and Thika Municipality Block 12/554 by thirty (30) days from the date of that order. It is further deposed that the Respondent failed to take cognizance that the said order applied to both memoranda, with the result that only the memorandum over Block 12/554 was registered, while the memorandum over Block 11/1037 was not, and that the Respondent notified the Applicant of the lapse of the extended time only on 8th August 2026.
5. Having considered Section 888(1) of the Companies Act, 2015, and being satisfied that the omission to register the Memorandum of Variation of Charge over Title Number Thika Municipality Block 11/1037 within the time required was accidental and due to inadvertence, and that no creditor or member of the Applicant Company will be prejudiced by the grant of the orders sought, the application is allowed as prayed.
6. Consequently, the Court finds the application meritorious and orders as follows: -
i. THAT the time for registration of the Memorandum of Variation of Charge over Land Title Number Thika Municipality Block 11/1037 with the Registrar of Companies be and is hereby extended by thirty (30) days from the date of this Ruling.
ii. THAT there shall be no order as to costs.
7. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 31st DAY OF AUGUST 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
2. The application is expressed to be brought, inter alia, under section 888(1) of the Companies Act, 2015, Article 159(2)(d) of the Constitution, Sections 1A,1B and 3A of the Civil Procedure Act and Rules, and the inherent jurisdiction of the Court.
3. The application is supported by the affidavit of Mercy Muthoni, Advocate, sworn on the same date.
4. It is deposed that this Honourable Court, by orders dated 6th December 2025 in HCCOMMMISC/E1227/2025, extended the time for registration of the memoranda of variation of charge affecting both Thika Municipality Block 11/1037 and Thika Municipality Block 12/554 by thirty (30) days from the date of that order. It is further deposed that the Respondent failed to take cognizance that the said order applied to both memoranda, with the result that only the memorandum over Block 12/554 was registered, while the memorandum over Block 11/1037 was not, and that the Respondent notified the Applicant of the lapse of the extended time only on 8th August 2026.
5. Having considered Section 888(1) of the Companies Act, 2015, and being satisfied that the omission to register the Memorandum of Variation of Charge over Title Number Thika Municipality Block 11/1037 within the time required was accidental and due to inadvertence, and that no creditor or member of the Applicant Company will be prejudiced by the grant of the orders sought, the application is allowed as prayed.
6. Consequently, the Court finds the application meritorious and orders as follows: -
i. THAT the time for registration of the Memorandum of Variation of Charge over Land Title Number Thika Municipality Block 11/1037 with the Registrar of Companies be and is hereby extended by thirty (30) days from the date of this Ruling.
ii. THAT there shall be no order as to costs.
7. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 31st DAY OF AUGUST 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court