1. The Applicant, Vivo Energy Kenya Limited, approached this Court by a Notice of Motion dated 22nd January 2026 brought under a Certificate of Urgency of even date, seeking extension of time within which to register with the Registrar of Companies a Charge dated 1st December 2025 over Title Number Kisumu/Nyalunya/4342, executed in favour of Nasoil Kenya Limited.
2. The Motion is brought under Section 888 of the Companies Act, 2015, and Sections 1A, 1B, and 3A of the Civil Procedure Act and is supported by the Affidavit of Kipsang Isaac Koech, Advocate.
3. Having considered the Application, the Affidavit in support, and the applicable law, the Court is satisfied that the delay in registration of the Charge was occasioned by administrative processes at the Kisumu Lands Registry and was not deliberate.
4. No prejudice will be suffered by any party if time is extended, and it is in the interests of justice that the Charge be duly registered to perfect the commercial arrangement between the parties.
5. Section 888 of the Companies Act, 2015 grants this Court discretion to extend time where omission to register was due to inadvertence or other sufficient cause. The Court finds that such cause has been demonstrated in this Application.
6. In re Kenya Drilling Co. Ltd [2015] eKLR, the Court extended time where delay was occasioned by administrative challenges at the Lands Registry, holding that: “Technical and administrative delays should not defeat the substantive rights of parties to a commercial transaction.”
7. Accordingly, time is hereby extended by a further thirty (30) days from the date of this Ruling for the Applicant to lodge the Charge dated 1st December 2025 for registration with the Registrar of Companies.
8. There shall be no order as to costs.
9. It is so ordered.
SIGNED, DATED, and DELIVERED IN VIRTUAL COURT THIS
23RD JANUARY 2026
ADO MOSES
JUDGE
2. The Motion is brought under Section 888 of the Companies Act, 2015, and Sections 1A, 1B, and 3A of the Civil Procedure Act and is supported by the Affidavit of Kipsang Isaac Koech, Advocate.
3. Having considered the Application, the Affidavit in support, and the applicable law, the Court is satisfied that the delay in registration of the Charge was occasioned by administrative processes at the Kisumu Lands Registry and was not deliberate.
4. No prejudice will be suffered by any party if time is extended, and it is in the interests of justice that the Charge be duly registered to perfect the commercial arrangement between the parties.
5. Section 888 of the Companies Act, 2015 grants this Court discretion to extend time where omission to register was due to inadvertence or other sufficient cause. The Court finds that such cause has been demonstrated in this Application.
6. In re Kenya Drilling Co. Ltd [2015] eKLR, the Court extended time where delay was occasioned by administrative challenges at the Lands Registry, holding that: “Technical and administrative delays should not defeat the substantive rights of parties to a commercial transaction.”
7. Accordingly, time is hereby extended by a further thirty (30) days from the date of this Ruling for the Applicant to lodge the Charge dated 1st December 2025 for registration with the Registrar of Companies.
8. There shall be no order as to costs.
9. It is so ordered.
SIGNED, DATED, and DELIVERED IN VIRTUAL COURT THIS
23RD JANUARY 2026
ADO MOSES
JUDGE