https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9612
The court found the reason for resignation justifiable because Antony Muthusi had left the employment of the audit firm, and since the application had been served but was unopposed, the court allowed it as prayed.
Source-derived case information.
- Citation
- [2026] KEHC 9612 (KLR)
- Parties
- Company in Liquidation: COATES BROTHERS (EA) LTD; Liquidator: ANTONY MUTHUSI; Proposed Replacement Liquidator: MR. CHRISTOPHER KIRATHE; Served Party: M/s Kaplan & Stratton
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Winding Up Cause 32 of 2011
- Procedural Posture
- Winding Up Cause / Application for Leave to Resign and Substitution of Liquidator
- Outcome
- Application allowed
- Judges
- ["FG Mugambi"]
- Legal Topics
- Liquidator Resignation, Substitution of Liquidator, Unopposed Application, Winding Up Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
COATES BROTHERS (EA) LTD
Company in Liquidation
ANTONY MUTHUSI
Liquidator
MR. CHRISTOPHER KIRATHE
Proposed Replacement Liquidator
M/s Kaplan & Stratton
Served Party
Procedural Posture
Winding Up Cause / Application for Leave to Resign and Substitution of Liquidator
Legal Issues
- 1 Whether the current liquidator should be granted leave to resign
- 2 Whether Mr. Christopher Kirathe should take over as liquidator
- 3 Whether the unopposed application should be allowed
Ratio Decidendi
The court found the reason for resignation justifiable because Antony Muthusi had left the employment of the audit firm, and since the application had been served but was unopposed, the court allowed it as prayed.
Court Disposition
Application allowed
Orders
- The current liquidator was granted leave to resign.
- Mr. Christopher Kirathe was to take over the position of liquidator.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL AND TAX DIVISION CORAM: F. MUGAMBI, J WINDING UP CAUSE NO. 32 OF 2011 IN THE MATTER OF COATES BROTHERS (EA) LTD ANTONY MUTHUSI ………………………….…………. LIQUIDATOR AND RULING 1. I have considered the application dated 5th May, 2026 seeking to have the current liquidator granted leave to resign and his position taken over by MR. CHRISTOPHER KIRATHE. I note that the application was served on M/s Kaplan & Strtton and there is no response on record. 2. The reason given for resignation is justifiable as Mr Antony Muthusi has since left the employment of the audit firm and as such the application is allowed as prayed. 3. The file is closed with leave to the Liquidator to move court if need be. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3 RD DAY OF JULY 2026. COMM WC NO. 32 OF 2011 RULING F. MUGAMBI JUDGE COMM WC NO. 32 OF 2011 RULING