Njenga v Body Masters Autotech Limited (Civil Suit 645 of 2008) [2026] KEHC 4820 (KLR) (Commercial and Tax) (13 April 2026) (Ruling)

The Applicant established a proper basis for summoning the Defendant's directors for oral examination and production of documents under Order 22 Rule 35. However, lifting the corporate veil and holding directors personally liable is premature before their examination.

Citation: [2026] KEHC 4820 (KLR)
Parties: Plaintiff/applicant: Francis Kigo Njenga; Defendant/respondent: Body Masters Autotech Limited
Court: High Court
Jurisdiction: Kenya
Judgment Date: 13 April 2026
Case Number: Civil Suit 645 of 2008
Procedural Posture: Civil Suit / Ruling on Post Judgment Application for Oral Examination and Production of Documents
Outcome: Application allowed in part
Legal Topics: Execution of Decrees, Corporate Veil, Discovery in Aid of Execution
Source Language: English

Civil Procedure Commercial Law Execution of Decrees Corporate Veil Discovery in Aid of Execution

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Parties

Francis Kigo Njenga

Plaintiff/applicant

Body Masters Autotech Limited

Defendant/respondent

Procedural Posture

Civil Suit / Ruling on Post Judgment Application for Oral Examination and Production of Documents

Legal Issues

1 Whether the Court should issue summons for the examination of the Directors of the Judgment Debtor
2 Whether the corporate veil should be lifted and the Directors held personally liable for the decretal sum

Ratio Decidendi

Court Disposition

Application allowed in part

Orders

Defendant's directors to produce for inspection all books and documents of accounts of the Defendant company.
Defendant's directors to attend Court for oral examination under oath as to the debt owing to the Plaintiff and why the same has not been paid.