REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU PETITION E020 OF 2023 RITA MUTHONI KAGIRI ------------------1ST PETITIONER/APPLICANT STEPHEN KUNG’U KAGIRI ------------- 2ND PETITIONER/APPLICANT STEPHEN KUNG’U KAMAU ------------- 3RD PETITIONER/APPLICANT STEPHEN KUNG’U KAMAU ------------- 4TH PETITIONER/APPLICANT VERSUS KAGIRI KUNG’U ---------------------------------------------- 1ST RESPONDENT THE COMPANY SECRETARY, KUKA INVESTMENTS LIMITED ------------------------------------------------------- 2ND RESPONDENT AND KUKA INVESTMENTS LIMITED --------------------1ST INTERESTED PARTY/3RD RESPONDENT REGISTRAR OF COMPANIES --------------2ND INTERESTED PARTY/4TH Page 1 of 4
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RESPONDENT RULING 1. By Notice of Motion dated 4/12/2025 the Petitioners pray for reliefs as hereunder;1. THAT this Honourable Court be pleased to issue a Notice directing to the 1 st, 2nd, 3rd and 4th Contemnors to show cause why they should not be committend to serve 7 months imprisonment for disobeying this court’s orders and decree issued on 15th January 2025 arising from the Judgement delivered on 16th December 2024.(sic) 2. THAT this Honourable Court do find and hold that the 1st, 2nd, 3rd and 4th Contemnors are in contempt of court orders by disobeying and defying the Decree issued by the court on 15th January 2025 arising from the Judgement delivered on 16th December 2024 and do direct that; a) The Contemnors are arrested and committed to civil jail for a period not exceeding six (6) months for contempt of the Decree issued by the Court on 15th January 2025 arising from the Judgement delivered on 16th December Page 2 of 4
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2024; and b) The Contemnors do pay a fine of Kenya Shillings Two Hundred Thousand (Kshs. 200,000/=) or such sums of money that this Honourable may, direct and the Court amounts be deposited in court. 3. THAT the 1st, 2nd, 3rd and 4th Contemnors to meet the costs of this Application. 2. The Application is supported by Affidavit of the 2 nd Petitioner (Stephen Kung’u Kamau). Return of service of the Application is filed but no reply was made. 3. The Deputy Registrar of this Court is ordered to issue notices to the Respondents requiring them to appear before this court to show cause why should not be punished as prayed for alleged disobedience or defiance of court orders. 4. The matter is fixed for mention before the Deputy Registrar on 27/2/2026 for compliance with the orders. J. M. NANG’EA, JUDGE. Page 3 of 4
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Ruling delivered virtually this 13th day of February, 2026. In the presence of: Petitioners’ Advocate, Mr. Munene for Mr. Muia Respondent’s Advocate, Absent Court Assistant (Jeniffer) J. M. NANG’EA, JUDGE. Page 4 of 4
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