REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANG’A ELCLOS E014 OF 2026 IN THE MATTER OF SECTIONS 17,33,34,56 & 59 OF THE TRUSTEE ACT, CAP 167 LAWS OF KENYA AND IN THE MATTER OF SECTION 27 OF THE LAND ACT, 2012 AND IN THE MATTER OF ORDER 37 RULE 1(F) AND 4 OF THE CIVIL PROCEDURE RULES AND IN THE MATTER OF LEAVE TO CHARGE L.R. NO.11/MARAGI/1953 AGAINST A LOAN FACILITY BY HAZINA SACCO SOCIETY LIMITED AND IN THE MATTER OF AGNES WAIRIMU GITAU ……………………..………..….…...…...…1ST EXPARTE APPLICANT ELIZABETH KANUTHU GITAU ……………………..……….…........2ND EXPARTE APPLICANT RULING 1) This ruling is on the ex-parte originating summons dated 14-5-2026. The summons which is brought under Section 56 of Trustee Act (Cap 167) and the inherent jurisdiction of this Court seeks three orders. 1. Authority to the 1st Applicant in her capacity as trustee to charge the property known as Loc.11/Maragi/1953 to the Respondent, Hazina Sacco Society Ltd for a sum not exceeding Kshs. 11,000,000/= (eleven million) only. 2. This Court to direct that the borrowed funds to be utilized for the completion of the Construction of the already started residential/commercial building situated on the property known as plot No. 71 in Chieko Santon Kasarani. 3. The 1st Applicant to be authorized to sign and execute all the requisite legal charges, instruments of charge and loan agreements to give effect to the said borrowing of the loan facility. 4. That the costs of the application be in the cause. MRG ELCLOS E014 OF 2026 1R of 2
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2) The motion is based on ten(10) grounds and it is supported by the affidavit sworn by the first Applicant dated 14-5-2026. The gist of the grounds and the affidavit is that the charging of the suit land and obtaining the loan is necessary to revive the stalled project and this revival is for the benefit of the minors herein. It is also for the best interest of the Children. 3) Upon consideration of the motion, I find that it has merit and the same is allowed in terms of prayers 1,2,3 and 4. It is so ordered. Dated, Signed and Delivered virtually at Murang’a this 30th day of July, 2026. M.N. GICHERU JUDGE. Delivered online in the presence of; Court Assistant – Antony Applicants counsel – Absent Respondent’s Counsel – Absent MRG ELCLOS E014 OF 2026 2R of 2
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