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…The Kenya Deposit Insurance Corporation Limited Board of Directors resolution passed on 9 th April 2018 and 11 th May 2018.…

…to the mandatory provisions of the Kenya Deposit Insurance Act which inter alia prohibits preferential treatment of depositors as sought by the Plaintiffs.…

…It is alleged that despite subsisting injunctive orders issued on 23rd January 2025 restraining the Respondents from dealing with the suit properties, the Respondents have interfered with the same, carting away salt deposits…

…The evidence placed before this Court shows that after the orders were issued, the Respondents moved into the suit property, purported to exercise control, and carted away salt deposits.…

…It is alleged that despite subsisting injunctive orders issued on 23rd January 2025 restraining the Respondents from dealing with the suit properties, the Respondents have interfered with the same, carting away salt deposits…

…The evidence placed before this Court shows that after the orders were issued, the Respondents moved into the suit property, purported to exercise control, and carted away salt deposits.…

…Specifically, Section 56(2) of the Kenya Deposit Insurance Act, 2012, provides: “No injunction may be brought or any other action or civil proceedings may be commenced or continued against an institution or in respect of…

…In opposition to the application, the 2nd respondent raised a notice of preliminary objection under sections 45(5), 50(5) and 56(1) of the Kenya Deposit Insurance Corporation Act (KDICA).…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO E106 OF 2021 ELIUD MWANIKI WAWERU.............................................................................1ST APPLICANT RAFIKI DEPOSIT TAKING…

…reminded that under section 9 of the Victim Protection Act of 2014, they have a right to participate in the trial process to protect their interests; since the applicants are mortgagors in relation to the mortgagee (Rafiki Deposit…

…up the deposits.…

…Plaintiff testified was deposited.…

…The relevant terms were that since a buyer would not be found; Mr Suleiman Mahamood who was known to the defendant would be given the vehicle to recover plaintiff’s deposit which deposit would be paid in the equal instalments…

…As plaintiff was in breach, it means that vehicle would be confiscated and deposited forfeited.…

…As such, it stated that the Appellant, as the recipient of the deposit, was liable to refund the deposit.…

…Further that PW 1 and DW 1 all acknowledged that the deposit was paid to the Appellant but that DW 1 contended in the letter dated 31.07.2012 that the deposit was used to settle the costs for inter alia payments for statutory…

…As such, it stated that the Appellant, as the recipient of the deposit, was liable to refund the deposit.…

…Further that PW 1 and DW 1 all acknowledged that the deposit was paid to the Appellant but that DW 1 contended in the letter dated 31.07.2012 that the deposit was used to settle the costs for inter alia payments for statutory…

…The Appellant surrendered the rent deposit and deposited the post-dated cheques as security. The Appellant sought for a refund of the electricity bill of Kshs.38,365.01/=. 3.…

…The Respondent submitted that the Appellant did not address the issue of the Rent Deposit in their Plaint filed in the trial Court although they were fully aware of the Demand letter to refund the Deposit as at 10/03/2020…

…within 24 hours of release of the deposit.…

…There is no indication that this was done and as such, the Plaintiff Advocates had the right to demand for the deposit as indicated in the Undertaking.…

…The Respondent opposed the claim and filed a defence together with a counterclaim alleging that expenditure on repairs went over and above the deposit sum. 3.…

…Kingoo Investment Ltd & Another (2021) eKLR , which emphasized the distinction between rent and deposit/security, and that such deposit cannot be converted into rent or defrayed against rent arrears contrary to the tenancy…

…within 24 hours of release of the deposit.…

…There is no indication that this was done and as such, the Plaintiff Advocates had the right to demand for the deposit as indicated in the Undertaking.…

…event that would have prevented the respondent from refunding the said rent deposit to the appellant. b) The learned senior principal magistrate erred and was wrong in holding that the issue of rent deposit was not an issue…

…a refund of the deposit being made. 6.…

…respectively from the date of deposit of the amounts as damages for loss of use of the sums deposited; db) Further interest on said deposits at the rate of 16% and 18% from 1st August 2021 until payment in full as damages…

…their deposits were still held as lien and were thus encumbered funds.…

…That the issue of rent deposit of Kshs. 990,000/- was not before the court and thus the appellant ought to have made the claim in a separate suit. 3.…

…event that would have prevented the respondent from refunding the said rent deposit to the appellant. b) The learned senior principal magistrate erred and was wrong in holding that the issue of rent deposit was not an issue…

…The orders 29.9.25 issued in Misc 120 of 2025 are clear on deposit of security . The same have not been not complied with todate.…

…There seems to be no intention to deposit the decretal sum as counsel is now pursuing hearing of the appeal.…