REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO WINDING CAUSE NO.1 OF 2014 IN THE MATTER OF KAPCHEBET TEA FACTORY LIMITED AND IN THE MATTER OF THE COMPANIES ACT (CAP.486 LAWS OF KENYA) AND IN THE MATTER OF SECTION 189, 191, 219, 22, 224, 234, 235,239, 240, 241, 242, 243, 252, AND 253 OF THE COMPANIES ACT, CAP 486 LAWS OF KENYA. AND IN THE MATTER OF THE INHERENT POWERS OF THE COURT BETWEEN DAVID BETT LANGAT...........................1ST PETITIONER/APPLICANT ISMAIL GULAMALI..............................2ND PETITIONER/APPLICANT VERSUS STEPHEN KIPKATAM KENDUIYWA ......................1ST RESPONDENT JOEL KIMUTAI SANG.........................2ND RESPONDENT JOSEPH KIPKURUI NGETICH.............................3RD RESPONDENT RODERICK MITEI KENDUIYWA......................4TH RESPONDENT JONAH KIPKEMOI KETER.........................5TH RESPONDENT KAPCHEBET TEA FACTORY LIMITED...........6TH RESPONDENT RULING The Motion dated 26th May 2014, was placed before this court on a certificate of urgency duly executed by Miss. Muthee, learned advocate for David Bett Langat and Ismael Gulamali, hereinafter referred to as
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the 1st and 2nd Petitioners respectively. When the Motion came up for hearing exparte, Miss. Muthee beseeched this court to grant the Petitioners prayers 1, 3, 7 and 11 of the Motion to subsist until the interpartes hearing of the Application. Miss. Muthee urged this court to consider the grounds set out on the face of the Motion and the facts deponed in the affidavits of both Petitioners. I have taken time to peruse the material placed before this court. The substantive matter in this dispute is the Petition dated 26th May 2014 in which the main order brought may finally lead to the winding up of Kapchebet Tea Factory Limited the 6th Respondent herein under the Companies Act by the court. The orders sought in the Motion appear to be so substantive and has great implications to the operations of the aforesaid company that it is necessary to first hear the parties at the preliminary stage. I think the order that commends itself to be granted at this stage is prayer 1. I hereby certify the Motion dated 26 th May 2014 to be urgent. I direct the Petitioners to cause it to be served upon all the Respondents. The Motion is hereby fixed for interpartes hearing for two days i.e. on 10 th and 11th June 2014. The Petitioners to serve the Motion plus a Hearing Notice on the Respondents. Dated, signed and delivered in open court at Kericho this 30th day of May 2014. J. K. SERGON JUDGE In the presence of: Miss. Muthee for Petitioners.
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