REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU COMMERCIAL MISCELLANEOUS APPLICATION NO. E006 OF 2026 GRACE WANJIRU --------------------------------------------- APPLICANT MBUGUA VERSUS BUSINESS REGISTRATION SERVICE (BRS) AND PRECIOUS HANDS PHARMACEUTICALS LIMITED & 2 OTHERS ---------------------------------------------RESPONDENTS RULING 1. By Notice of Motion dated 15/4/2026, the Applicant prays for reliefs as hereunder; 1. Spent 2. Spent 3. Spent 4. THAT the Registrar of Companies (4th respondent) does rectify the 1st Respondent's Register by removing the 2nd & 3rd Respondents as its Directors. Page 1 of 3
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5. That CR12 be amended to reflect lawful directorship of the Company. 6. That the costs of the application be provided for. 2. There is evidence of service of the Application but no replies have been put in. 3. I have perused the Application together with affidavit evidence in support thereof. This is a Miscellaneous Application and not a substantive action. In Joseph Kibowen Chemjor vs. William C. Kasera (2013) eKLR, this Court opined that such procedure of litigation may be invoked where the rights of the parties are not going to be determined and the Applicant only seeks an order that does not settle rights or obligations. 4. The reliefs sought herein could affect the rights of the 1 st Respondent's Directors sought to be removed. In my view, the Applicant ought to have brought a substantive suit for the dispute to be properly adjudicated and resolved. 5. Although the application would appear to be unopposed there being no response thereto, the same is found to be defective Page 2 of 3
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for the reason given. The Application is accordingly struck out with no order as to costs. J. M. NANG’EA, JUDGE Ruling dated, signed and delivered virtually this 1st day of July, 2026. In the presence of: Mr. Omwanza Advocate for the Applicant Respondents, Absent Court Assistant (Jeniffer). J. M. NANG’EA, JUDGE. Page 3 of 3
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