Kenya Railways Corporation & another v Rubis Energy Kenya Plc & 8 others (Environment and Land Case E025 of 2023 & E079 of 2024 (Consolidated)) [2026] KEELC 4452 (KLR)
The bottom line
#A foreign company registered to operate in Kenya can be sued here without special court permission, so a Delaware firm's attempt to strike out a land suit failed.
What this practically means
#Executive summary
#Key legal issues
#Whether leave under Order 5 CPR was required to serve the 8th Defendant
No - the Applicant is a registered foreign company with a local place of business, serviceable under Section 1010 of the Companies Act, 2015
The court identified a two-track framework for serving foreign corporations: Order 5 Rule 21 CPR for entities outside Kenya, and Sections 366/1010 of the Companies Act for registered foreign companies. Documentary evidence showed the Applicant obtained a Certificate of Compliance, declared a place of business and registered office, appointed a local agent for service, held land under a 99-year grant, and never filed a Notice of Cessation. Such registration submits the company to Kenyan jurisdiction, so service at its parent's postal address was valid without leave.
Burden of proving cessation of local presence
Once local registration is established, the burden shifts to the party asserting a change of status; the Applicant produced no Notice of Cessation or search
Relying on Kenya Power & Lighting Co. Ltd v Mike Laly, the court held that a party cannot merely deny a fact shown in official records without producing a Notice of Cessation or a current official search showing the branch was struck off. The Applicant's failure to produce such evidence was fatal to its application, and it failed to displace the evidence of its local registration and presence.
Legal principles established
#- Once a foreign company registers locally under the Companies Act, it is no longer outside the jurisdiction for service purposes and the Order 5 leave requirement is bypassed
- A party cannot deny a fact evidenced by official records without a Notice of Cessation or official search showing the branch was struck off the register
Court orders
#- 1.The Applicant's application is unmerited and is hereby dismissed
- 2.Costs of the application awarded to the 2nd Plaintiff
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Orders 2 Rule 15(1)(d), 5 Rules 21, 22, 25 & 29 and 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Railways Corporation & another v Rubis Energy Kenya Plc & 8 others (Environment and Land Case E025 of 2023 & E079 of 2024 (Consolidated)) [2026] KEELC 4452 (KLR)", Case Analysis (2026). ELC.E025.2023-NBI. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4452/eng@2026-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.