In re Gulf African Bank Limited (Miscellaneous Application 434 of 2026) [2026] KEHC 6769 (KLR) (Commercial & Admiralty) (17 April 2026) (Ruling) Neutral citation: [2026] KEHC 6769 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND ADMIRALTY MISCELLANEOUS APPLICATION 434 OF 2026 MO ADO, J APRIL 17, 2026 IN THE MATTER OF THE COMPANIES ACT (NO. 17 OF 2015) AND IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME FOR THE REGISTRATION OF A CHARGE IN THE MATTER OF GULF AFRICAN BANK LIMITED ....................................................... APPLICANT RULING Introduction 1. By a Notice of Motion dated 16th April 2026, the Applicant, Gulf African Bank Limited, seeks an order for the extension of time to register a Charge dated 11th December 2025. 2. The Charge was created by Sasibba Company Limited (the Chargor) in favour of the Applicant to secure facilities granted to Nyali Crossfit and Gym Limited (the Borrower). 3. The application is supported by the affidavit of Winnie Kerubo Ogoro, an Advocate of the High Court of Kenya. The deponent states that the Charge was executed on 11th December 2025 to secure a principal sum of Kshs. 6,000,000/=. 4. It is deponed that under Sections 878 and 885 of the Companies Act (No. 17 of 2015), a company is required to register a charge within 30 days of its creation. The Applicant admits that this statutory period has lapsed. The delay is attributed to technical challenges experienced with the Ardhisasa Portal (Geospatial Data Centre) at the time the documents were presented for registration. 5. The Applicant contends that the failure to register was not wilful but due to system-related delays beyond their control. It is further argued that the extension of time will not prejudice the creditors or https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6769/eng@2026-04-17 1
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shareholders of the Chargor or Borrower, whereas the Applicant would suffer significant prejudice as the Charge would be rendered void if not registered. Analysis and Finding 6. This Court has considered the application, the supporting affidavit, and the annexed Charge instrument (marked "WKO-1"). The Charge pertains to the property known as Title Number Mombasa/Block XIII/274. 7. The power of the Court to extend the time for registration is discretionary, provided it is satisfied that the omission was accidental, due to inadvertence, or other sufficient cause, and that it is just and equitable to grant relief. 8. The Applicant has provided a reasonable explanation for the delay, citing technical issues with the mandatory digital registration system (Ardhisasa). The Court takes judicial notice of the transitional technical challenges often encountered with digital land and company registries. 9. There is no evidence before the Court to suggest that the rights of any third parties have intervened or would be prejudiced by this extension. Conversely, the Applicant’s security interest deserves protection. 10. In the circumstances, this Court is satisfied that this is a proper case for the exercise of its discretion to extend time. 11. In exercising this discretion, the Court is guided by the principle established in National Bank of Kenya Ltd v Michael Ndungu [2018] eKLR, which emphasizes that where a delay is explained, and no thirdparty interests are prejudiced, the Court should favor the perfection of substantive security interests over procedural technicalities. 12. Consequently, the Court finds the application to be meritorious, and makes the following orders: 13. i. The Application is hereby certified as urgent. ii. The time for registration of the Charge dated 11th December 2025 created by Sasibba Company Limited in favour of Gulf African Bank Limited over Title Number Mombasa/ Block XIII/274 be and is hereby extended by forty-five (45) days from the date of this Order. iii. There shall be no orders as to costs. It is so ordered. DATED, SIGNED, AND DELIVERED AT NAIROBI THIS 17TH DAY OF APRIL, 2026. HON. MR. JUSTICE MOSES ADO JUDGE OF THE HIGH COURT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6769/eng@2026-04-17 2
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