https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11459
The application was non-antagonistic and meritorious. The court therefore granted the requested administrative and remedial relief to regularize the trust, appoint replacement trustees for the deceased office holders, and direct the Registrar to effect the necessary registration and documentation updates.
Source-derived case information.
- Citation
- [2026] KEHC 11459 (KLR)
- Parties
- Applicant: Kiambu Club Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E033 of 2026
- Procedural Posture
- Commercial Miscellaneous Civil Application / Originating Summons / Ruling
- Outcome
- Application allowed
- Judges
- ["B Mwamuye"]
- Legal Topics
- Appointment of New Trustees, Dispensation With Original Trust Deed Production, Registering Trustees Under the Trustees (perpetual Succession) Act, Lost or Misplaced Trust Deed, Trust Governance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiambu Club Limited
Applicant
Procedural Posture
Commercial Miscellaneous Civil Application / Originating Summons / Ruling
Legal Issues
- 1 Whether the court should dispense with production of the original trust deed and constitution on account of loss or misplacement.
- 2 Whether new trustees should be appointed in place of the deceased trustees.
- 3 Whether the Registrar of Companies should be directed to register the new trustees and issue an updated certificate of extract.
Ratio Decidendi
The application was non-antagonistic and meritorious. The court therefore granted the requested administrative and remedial relief to regularize the trust, appoint replacement trustees for the deceased office holders, and direct the Registrar to effect the necessary registration and documentation updates.
Court Disposition
Application allowed
Orders
- Dispensation granted for production of the original Trust Deed and Constitution because they were misplaced and or lost.
- Donald Kiboro Mwaura and Thomas Kimari appointed as trustees of Kiambu Club Trustees Registered (P.S.116) in place of John Victor Grant and Noel R. Sally, both deceased.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU COMMERCIAL MISC. CIVIL APPLICATION NO.E033 OF 2026 IN THE MATTER OF: THE TRUSTEE ACT, CAP 167 LAWS OF KENYA AND IN THE MATTER OF: THE TRUSTEE (PERPETUAL SUCCESSION) ACT, CAP 164 LAWS OF KENYA AND IN THE MATTER OF: KIAMBU GOLD TRUSTEES REGISTERED AND IN THE MATTER OF: AN APPLICATION FOR THE APPOINTMENT OF NEW TRUSTEES KIAMBU CLUB LIMITED ………………………………………. APPLICANT RULING 1. The Miscellaneous Civil Application brought by way of Originating Summons dated 22nd July, 2026 is a standard and non-antagonistic regulatory stamp and it is meritorious. 2. Consequently, the application is hereby allowed in terms of prayer Nos.(1), (2), (3) and (4) as follows: 1) That a declaration be and is hereby issued that the Registrar dispense with production of the Original Trust Deed and Constitution as the same has been misplaced and or lost. 2) That the appointment of Donald Kiboro Mwaura of ID No.2364233 and Thomas Kimari of ID No.10875262 as HCCOMMISC.APPL. NO.E033 OF 2026 RULING - Page 1 of 2 Trustees of Kiambu Club Trustees Registered (P.S.116), in place of John Victor Grant and Noel R. Sally, both deceased be and is hereby allowed. 3) That the Registrar of Companies be and is hereby directed to register Donald Kiboro Mwaura of ID No.2364233 and Thomas Kimari of ID No.10875262 as Trustees pursuant to Section 4 of the Trustees (Perpetual Succession) Act (Cap.164), and to issue an updated certificate of extract reflecting the same. 4) That Kiambu Gold Trustees Registered be and is hereby allowed to enter into a Trust Deed to govern all future Trustee appointments and governance of the trust. 5) Costs of the application to be determined and settled in consultation with the Applicant Club. 3. This being determinate of the matter, filed closed accordingly. DATED, SIGNED, AND DELIVERED VIRTUALLY AT KIAMBU ON THIS ......28TH ....... DAY OF .....JULY....... 2026 …………………………………………………………… BAHATI MWAMUYE MBS JUDGE In the presence of: Mrs. Karanu for the Applicant Court Assistant - Martin HCCOMMISC.APPL. NO.E033 OF 2026 RULING - Page 2 of 2