Crete Solutions Limited v Kcb Bank Kenya Limited (Miscellaneous Civil Application E387 of 2026) [2026] KEHC 4911 (KLR) (Commercial and Tax) (16 April 2026) (Ruling)

The error in the date of the registered charge was inadvertent and not prejudicial. The Court is empowered under Sections 863 and 888 of the Companies Act to order rectification. The application is allowed and the register is to be rectified accordingly.

Source-derived case information.

Citation: [2026] KEHC 4911 (KLR)
Parties: Applicant: Crete Solutions Limited; Respondent: KCB Bank Kenya Limited
Court: High Court
Jurisdiction: Kenya
Judgment Date: 16 April 2026
Case Number: Miscellaneous Civil Application E387 of 2026
Procedural Posture: Miscellaneous Civil Application / Ruling on Notice of Motion
Outcome: Application allowed
Legal Topics: Rectification of Register of Charges, Companies Act, Registration of Charges, Mistake in Registration
Source Language: english

Company Law Rectification of Register of Charges Companies Act Registration of Charges Mistake in Registration

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Summary, issues, holding and outcome

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Parties

Crete Solutions Limited

Applicant

KCB Bank Kenya Limited

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Notice of Motion

Legal Issues

1 Whether the Court should allow the rectification of the register of charges at the Companies Registry as prayed for in the Notice of Motion

Ratio Decidendi

Court Disposition

Application allowed

Orders

Registrar of Companies to rectify the register of charges in respect to the Charge dated 9th February 2026 over Title No. Kwale/Diani/S.S/843, correcting the erroneous registration as dated 16th February 2026.
Registrar of Companies to strike out the Charge dated 16th February 2026 and extend the time to register the Charge dated 9th February 2026 over Title No. Kwale/Diani/S.S/843 as created by Crete Solutions Limited as an Encumbrance in favour of KCB Bank Kenya Limited.

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