Ng’ang’a & another v SBM Bank Kenya Limited (Formerly Chase Bank Limited) (Civil Suit 228 of 2018) [2026] KEHC 7451 (KLR) (Civ) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7451 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL SUIT 228 OF 2018 SN MUTUKU, J MAY 25, 2026 BETWEEN CHARLES GATHII NG’ANG’A ........................................................... 1ST PLAINTIFF MICROHOUSE TECHNOLOGIES LIMITED ................................. 2ND PLAINTIFF AND SBM BANK KENYA LIMITED (FORMERLY CHASE BANK LIMITED) ................................................................................................. DEFENDANT RULING 1. This suit was filed in the Civil Division of the High Court at Milimani, Nairobi. It went through the pre-trail processes and fixed for mention before me for purposes of taking a hearing date. 2. On 22nd January 2026, this court, suo motu raised the issue of jurisdiction and directed the parties to make brief submissions on the issue to enable the court pronounce itself on the matter. The court nonetheless fixed the matter down for hearing with directions to handle the question of jurisdiction first. 3. On 21st May 2026, Mr. Gakinya attended court representing the Plaintifis and Mr. Kiplagat appeared for the Defendant. During the mention of the matter, Mr. Kiplagat informed the court that he had no problem with this matter being transferred to the Commercial and Tax Division for hearing and determination, which Division was seized with jurisdiction to determine the matter. 4. Mr. Gakinya responded that the issue as to which Division is seized with jurisdiction to determine this matter was an administrative one, since all the Judges of the High Court had jurisdiction to hear and determine the matter. He however did not have any objection to having this matter transferred to the Commercial and Tax Division for hearing and determination. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7451/eng@2026-05-25 1
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5. I have considered this matter. It is my considered view that the dispute herein is of a commercial nature and that the Commercial and Tax Division is better placed to hear and determine the same. For this reason, I hereby transfer this matter to the Commercial and Tax Division for directions. 6. The Deputy Registrar of the Civil Division shall, with haste, cause this file to be placed before the Presiding Judge of the Commercial and Tax Division as soon as possible for further action. 7. It is so ordered. DATED, SIGNED AND DELIVERED THIS 25TH DAY OF MAY, 2026. S. N. MUTUKU JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7451/eng@2026-05-25 2
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