In re Thomas Levi Shimanyula (Insolvency Cause E001 of 2024) [2026] KEHC 5554 (KLR) (24 April 2026) (Judgment)

In re Thomas Levi Shimanyula (Insolvency Cause E001 of 2024) [2026] KEHC 5554 (KLR) (24 April 2026) (Judgment)

The Petition was struck out because the Petitioner failed to comply with mandatory requirements under the Insolvency Act and Regulations, including failure to disclose financial transactions for the preceding three years, lack of supporting documentary evidence, failure to disclose partner’s income, and failure to publish notice in the Kenya Gazette.

Citation
[2026] KEHC 5554 (KLR)
Parties
Debtor/petitioner: Thomas Levi Shimanyula; Creditor/respondent: Al-Husnain Motors Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Insolvency Cause E001 of 2024
Procedural Posture
Debtor's Insolvency Petition / Judgment
Outcome
petition struck out with costs
Legal Topics
Debtor's Petition, Statement of Affairs, Publication Requirements, Non Disclosure, Compliance With Insolvency Regulations
Source Language
English
Insolvency Bankruptcy Debtor's Petition Statement of Affairs Publication Requirements Non Disclosure Compliance With Insolvency Regulations

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Parties

Thomas Levi Shimanyula

Debtor/petitioner

Al-Husnain Motors Limited

Creditor/respondent

Procedural Posture

Debtor's Insolvency Petition / Judgment

Legal Issues

  1. 1 Whether the Debtor’s Bankruptcy Petition should be allowed and a Receiving Order issued in his favour

Ratio Decidendi

The Petition was struck out because the Petitioner failed to comply with mandatory requirements under the Insolvency Act and Regulations, including failure to disclose financial transactions for the preceding three years, lack of supporting documentary evidence, failure to disclose partner’s income, and failure to publish notice in the Kenya Gazette.

Court Disposition

petition struck out with costs

Orders

  • Debtor’s Petition dated 28/11/2024 and the entire Insolvency Cause struck out with costs to the Creditor, Al-Husnain Motors Limited