https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9333
The application was unopposed and the respondent’s directors, though duly summoned and served, failed to appear for cross-examination. On that basis, the court granted the applicants’ requested relief in prayers 2, 3 and 4 of the Notice of Motion dated 21/8/2025.
Source-derived case information.
- Citation
- [2026] KEHC 9333 (KLR)
- Parties
- 1st Applicant: KABURUKI ELIAS GITONGA; 2nd Applicant: WILFRED KARIMI KIMENGE; Respondent: POINT A COMMERCIAL AGENCIES LTD.
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E040 of 2025
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Notice of Motion
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Cross Examination of Company Directors, Inquiry Into Company Assets/means, Non Attendance After Summons, Execution of Judgment/decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KABURUKI ELIAS GITONGA
1st Applicant
WILFRED KARIMI KIMENGE
2nd Applicant
POINT A COMMERCIAL AGENCIES LTD.
Respondent
Procedural Posture
Commercial Miscellaneous Application / Ruling on Notice of Motion
Legal Issues
- 1 Whether the named directors of the respondent company should be summoned and cross-examined on the company’s status and ability to satisfy decrees.
- 2 Whether the applicants were entitled to the prayers sought in the Notice of Motion dated 21/8/2025.
Ratio Decidendi
The application was unopposed and the respondent’s directors, though duly summoned and served, failed to appear for cross-examination. On that basis, the court granted the applicants’ requested relief in prayers 2, 3 and 4 of the Notice of Motion dated 21/8/2025.
Court Disposition
Application allowed
Orders
- Prayers 2, 3 and 4 of the Notice of Motion dated 21/8/2025 are granted.
- The respondent’s directors were required to appear for cross-examination but failed to attend after service of summons.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **HCC COMMISC. E040 OF 2025** **KABURUKI ELIAS GITONGA …………...………….. 1ST APPLICANT** **WILFRED KARIMI KIMENGE ……………………… 2ND APPLICANT** **VERSUS** **POINT A COMMERCIAL AGENCIES LTD. ...……. RESPONDENT** **RULING** 1. By Notice of Motion dated 21/8/2025, the Applicants *inter alia* prayed that the named directors of the Respondent company be summoned for Cross-Examination regarding the status of the Company and whether it has the means to settle decrees issued in the Applicants' favour in **Nakuru CMCC E679 of 2022** and **Nakuru CM ELC 232 of 2023**. 2. The Respondent and/or its said directors did not reply to the Application. The Court then issued Summonses to the directors requiring them to appear in court on 8/6/2026 for the desired cross-examination. They never turned up in court despite being served with the summonses as per return of service filed. 3. Upon the Applicants' advocates' plea, prayers 2, 3 and 4 of the Notice of Motion dated 21/8/2025 are hereby granted. 4. Ruling accordingly. **J. M. NANG’EA, JUDGE.** **Ruling, dated, signed and delivered virtually this 24th day of June, 2026.** **In the presence of:** Applicant’s Advocate, Mr. Chaungo for Mwangi Advocate, Respondents, Absent, Court Assistant (Jeniffer). **J. M. NANG’EA, JUDGE.**