High Court 280 of 2026

In re Kenagro Suppliers Limited (Applicant) (Miscellaneous Application E038 of 2026) [2026] KEHC 280 (KLR) (Commercial and Tax) (21 January 2026) (Ruling) Neutral citation: [2026] KEHC 280 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E038 OF 2026 MA OTIENO, J JANUARY 21, 2026 RULING 1. The Applicant’s Notice of Motion dated 20th January 2026 seeks extension of time to register a Further Fixed and Floating Debenture dated 15th December 2025 in favour of Equity Bank (Kenya) Limited. 2. The application is supported by affidavits of Jacklyne Wanjiru, Advocate Kinyanjui, and John Kuria Muhia (Director), both dated 20th January 2026. 3. From the affidavits, it is uncontested that stamp duty was paid on 11th December 2025, the instrument was stamped on 15th December 2025, but registration was not lodged within the statutory 30 days as required under the Companies Act, 2015. 4. The explanation ofiered is inadvertence on the part of counsel. The Applicant and its director depose that unless time is enlarged, the debenture risks being rendered void, and the Bank will not release the intended financing without a valid registration. 5. Further, from the record, I find that no prejudice to third parties has been demonstrated, and the application was filed promptly upon discovery of the lapse. 6. Under Sections 880, 885, and 888 of the Companies Act, the Court has discretion to extend time for late registration of a charge where justice so requires. 7. On the material before me, I am satisfied that sufficient cause has been shown and that the interests of justice favour allowing the present application. 8. Accordingly, the Court makes the following orders: i. Time for registration of Further Fixed and Floating Debenture dated 15th December 2025 in favour of Equity Bank (Kenya) Limited is hereby extended by thirty (30) days from the date of this Order. ii. There shall be no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/280/eng@2026-01-21 1

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