https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9839

Berrycom Limited v Golden Memories Events Limited & another (Miscellaneous Civil Application E380 of 2026) [2026] KEHC 9839 (KLR) (Civ) (15 June 2026) (Ruling) Neutral citation: [2026] KEHC 9839 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Miscellaneous Civil Application E380 of 2026 SN Mutuku, J June 15, 2026 Between Berrycom Limited Applicant and Golden Memories Events Limited 1st Respondent Michael Eliakim Libamira 2nd Respondent Ruling 1.This Ruling relates to the Notice of Motion (the Application) dated 8th April 2026. The Application was taken out by Berrycom Limited (the Applicant) against Golden Memories Events Limited and Michael Eliakim Libamira, the 1st and 2nd Respondents, respectively. The Application is anchored on Article 159 (2) and 165(6) (7) of the Constitution; Sections 1A, 1B, 1C, 3A, 18, 31(1)(d), 38 and 40 of the Civil Procedure Act and Order 22 Rules 33, 34 & 35 of the Civil Procedure Rules and all other enabling provisions of the law. 2.The Applicant is seeking transfer of SCCOM No. E1842 of 2014 Berrycom Limited v Golden Memories Events Limited & another to Chief Magistrate’s Court at Milimanin and an order directing the Chief Magistrate’s Court at Milimani to execute the Decree in SCCOM No. E1842 of 2014 Berrycom Limited v Golden Memories Events Limited & another as well as costs of the application. 3.The Application is supported by grounds found on its face and in the Supporting Affidavit of Kenneth Karoki, a director of the Applicant, on 1st April 2026. 4.I have read the application and the grounds supporting it. I note that the circumstances giving rise to this application are that the Applicant obtained a judgment in SCCOM No. E1842 of 2014 Berrycom Limited v Golden Memories Events Limited & another against the Respondents jointly and severally in the sum of Kshs 1,000,000 with interest on the principal in the sum of 84,821.92. That the Applicant extracted a decree on 19th September 2024 for the total amount of Kshs 1,084,821.92 plus costs amounting to Kshs 76,400 which amount the Respondents have failed, refused, and/or neglected to pay. 5.The Applicant has invoked the jurisdiction of this court basing his case on the decision of this court in Gathaiya v Attorney General & 2 others & 176 Interested Parties [2026] KEHC 290 (KLR) in which the jurisdiction of the Small Claims Court to undertake execution proceedings was divested. 6.The Applicant has relied on section 18 of the CPA which gives this court powers to transfer any suit from one subordinate court to another subordinate court with jurisdiction to hear and determine the matter. He also cited Equity Bank Limited v Bruce Mutie Mutuku t/a Diani tour & Travel [2016] KECA 250 KLR where the Court of Appeal emphasized the discretionary power of this court to transfer proceedings. 7.The application was not opposed. The record shows that the Respondents who did not file responses or attend court to argue the application. 8.I have considered the application and the arguments in support of the same. I am persuaded to allow the application as prayed, which I hereby do. Consequently, I order that:i.SCCOM No. E1842 of 2014 Berrycom Limited v Golden Memories Events Limited & another be transferred to the Chief Magistrate’s Court at Milimani for purposes of execution of the decree.ii.I also award costs to the Applicant. 9.It is so ordered. DATED, SIGNED AND DELIVERED THIS 15TH DAY OF JUNE 2026.S. N. MUTUKUJUDGE