Case law
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Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Application is premised under Sections 916 and 917 of the Companies Act and Section 3A of the Civil Procedure Act. 2.…
…This makes the Applicant a creditor under the meaning of section 900 of the Companies Act. 29. Furthermore, the 1st Respondent failed to comply with the mandatory provisions of Section 900(1) of the Companies Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…A declaration that upon registration within the extended period, the instruments shall be deemed to have been registered in compliance with the Companies Act. 2.…
…Section 885(1)(a) of the Companies Act, 2015 Requires a company to deliver to the Registrar particulars of a charge within thirty (30) days of its creation. 9.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Act, 2015.…
…of Companies in compliance with the Companies Act 2015 2.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Charge was duly registered under the Companies Act within the prescribed statutory period. 4.…
…Rather, it resulted from a bona fide dispute concerning the Registrar's interpretation of the Companies Act. 17.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Act 2015. 3.)…
…compliance with the Companies Act 2015.…
Division and case type: High Court Commercial and TaxCommercial Matters
…What does Section 974 of the Companies Act provide?…
…More specifically, a foreign company is recognised under section 2 of the Companies Act, as “a company incorporated outside Kenya.” 34.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Act, 2015, Laws of Kenya. 2.…
…In the event of non-compliance, Section 888(1) of the Companies Act empowers any interested party or the company itself to apply to the Court for an extension of the prescribed period for registration. 5.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This Ruling is in respect to the Applicants’ Notice of Motion dated 28th May 2025, brought pursuant to the provisions of Order 51 Rule 1 of the Civil Procedure Rules, and Sections 878, 885, and 888 of the Companies Act, No…
…Act, No. 17 of 2015. 5.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Act, 2015, Laws of Kenya. 2.…
…Hence, the Thirty (30) days as provided under Section 885 (1) (a) of the Companies Act, 2015, Laws of Kenya lapsed in the process.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This Ruling pertains to the Applicant’s exparte Notice of Motion dated 18th February, 2026, brought pursuant to Sections Under Section 102 of Companies Act and The Companies (High Court) Rules) of the Laws of Kenya.…
…The omission in the present case pertains solely to the failure to register the Charge at the Companies Registry within the statutory period prescribed under Section 885 of the Companies Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Act.…
…This is because the thirty (30) days' period for registration had lapsed pursuant to Section 885 of the Companies Act. 8.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Applicant claims that the debenture was not registered at the company’s registry within 30 days as prescribed by section 885 of the Companies Act.…
…The Applicant now seeks an order of this Court under Section 888 of the Companies Act to extend the time and permit late registration. 6.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This Ruling relates to the 1st Applicant’s application dated 9th June 2025, brought pursuant to Section 888 of the Companies Act, No. 17 of 2015.…
…In the event of non-compliance, Section 888(1) of the Companies Act empowers any interested party or the company itself to apply to the Court for an extension of the prescribed period for registration. 5.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…THAT this Honourable Court be pleased to grant an order pursuant to Section 888 (2) of the Companies Act, 2015 that the time for registration in the manner required by Section 885 (1) of the said Companies Act of the Charge…
…The Court therefore finds it just and equitable to exercise its discretion under Section 888(1) of the Companies Act.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 30 of 1989 M Weiss Ltd v The Companies Act(Cap 486) Ruling.…
…inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the petition be struck out on the grounds that it is in breach of 10 of the Winding Up rules and S. 270 of the Companies…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This is because the thirty (30) days' period for registration had lapsed pursuant to Section 885 of the Companies Act. 8.…
…The Article enjoins Courts to administer justice without undue regard to procedural technicalities, and with the general principles of the Companies Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This Ruling is in respect to the Applicants' Notice of Motion (Ex Parte) dated 23rd July, 2026, brought under Article 159(2)(d) of the Constitution of Kenya; Sections 878, 884, 885, 888 and 889 of the Companies Act, 2015;…
…Pursuant to section 888 of the Companies Act, 2015, the time for delivery to the Registrar of Companies of the prescribed particulars of the Charge dated 15 June, 2026, created by Texplast Industries Limited in favour of…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Further, that the 1st respondent failed to serve that application to the applicant as required by section 900 of the Companies Act.…
…That application was made pursuant to section 897 (1) of the Companies Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This Ruling relates to the Applicant’s exparte Notice of Motion dated 30th March, 2026, brought pursuant to Sections 885 and 888 of the Companies Act and all other enabling provisions of the law.…
…In the event of non-compliance, Section 888(1) of the Companies Act empowers any interested party or the company itself to apply to the Court for an extension of the prescribed period for registration.…