[2025] KEHC 9772 (KLR)
The court held that the mere intention to initiate insolvency proceedings does not constitute a sufficient or concrete basis for the exercise of judicial discretion to release a judgement debtor from civil jail. The court emphasized that interlocutory orders, such as the release sought, require actual and...
Source-derived case information.
- Citation
- [2025] KEHC 9772 (KLR)
- Parties
- Applicant: Sarah Wanjiku Karisho; Respondent: Decree Holder (unnamed)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Insolvency Cause E005 of 2025
- Procedural Posture
- Insolvency Cause / Ruling on Interlocutory Application for Release From Civil Jail and Leave to Publish Bankruptcy Petition
- Outcome
- Application for release from civil jail dismissed; leave to publish bankruptcy petition granted.
- Judges
- E Ominde
- Legal Topics
- Insolvency Petition, Bankruptcy Proceedings, Civil Jail Release, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sarah Wanjiku Karisho
Applicant
Decree Holder (unnamed)
Respondent
Procedural Posture
Insolvency Cause / Ruling on Interlocutory Application for Release From Civil Jail and Leave to Publish Bankruptcy Petition
Legal Issues
- 1 Whether the applicant/judgement debtor should be released from civil jail pending the commencement of insolvency proceedings.
- 2 Whether leave should be granted to publish the bankruptcy petition.
Ratio Decidendi
The court held that the mere intention to initiate insolvency proceedings does not constitute a sufficient or concrete basis for the exercise of judicial discretion to release a judgement debtor from civil jail. The court emphasized that interlocutory orders, such as the release sought, require actual and immediately apparent facts, not future intentions. Since the insolvency petition had not yet commenced and only an intention to file existed, the application for release lacked merit and was dismissed. However, the court granted leave for the applicant to publish the bankruptcy petition as requested.
Court Disposition
Application for release from civil jail dismissed; leave to publish bankruptcy petition granted.
Orders
- The application seeking release of the judgement debtor from civil jail is dismissed.
- Leave is granted to the applicant to publish the bankruptcy petition as prayed.
Full Case Text
Judgment text and source record
16 paragraphs
In re Sarah Wanjiku Karisho (Insolvency Cause E005 of 2025) [2025] KEHC 9772 (KLR) (2 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9772 (KLR)
Republic of Kenya
In the High Court at Eldoret
Insolvency Cause E005 of 2025
E Ominde, J
July 2, 2025
IN THE MATTER OF SARAH WANJIKU KARISHO
AND
IN THE MATTER OF INSOLVENCY ACT CA 53 LAWS OF KENYA
Ruling
1. The Applicant herein came to court by way of Certificate of Urgency dated 9th June 2025 seeking inter alia that the Applicant/Judgement Debtor be released from the Eldoret G.K Prison where the Applicant has been committed to Civil Jail as a consequence of a Decree that was issued in Eldoret CMCC No. 661 of 2018 for reasons that the said Applicant has filed this Petition for Insolvency seeking that she be adjudged bankrupt.
2. The Applicant was directed to serve the Application and the matter fifed for inter parties hearing on 24th June 2025. On the said date of inter parties hearing, there was no appearance by the Decree Holder. Counsel for the Applicant availed an Affidavit of Service indicating that they were served on 18th June 2025 through email the address of which has been therein indicated. That in their absence and seeing as they had not filed any Replying Affidavit to the Application, then their Application stands as unopposed and they prayed that the same be allowed.
3. I have considered the Application. The fact of the matter is that the proceedings in the Petition for Insolvency that the Judgement Debtor has premised the Application upon are yet to be commenced and what is before the Court is simply an intention to initiate proceedings. It can therefore not be a basis for the release of the Judgement Debtor for reasons that interlocutory orders are discretionary orders which discretion the court can only exercise based on facts that are concrete, actual and immediately apparent and not on acts intended to be fulfilled in the future.
4. For this reason, I find that the Application lacks merit and the same seeking for the release of the Judgement Debtor is accordingly dismissed. However, the leave sought in prayer 6 seeking to have this Bankruptcy Petition published is allowed as prayed with costs in the cause. Mention on 21st October 2025 to confirm compliance
READ DATED AND SIGNED AT ELDORET ON 2NDJULY 2025E. OMINDEJUDGE