Gitonga v Michimikuru Tea Company Limited (Miscellaneous Civil Case E156 of 2025) [2026] KEHC 5791 (KLR) (29 April 2026) (Ruling)

Gitonga v Michimikuru Tea Company Limited (Miscellaneous Civil Case E156 of 2025) [2026] KEHC 5791 (KLR) (29 April 2026) (Ruling)

The application is incompetent as it is not anchored on a substantive suit or petition and seeks substantive reliefs. No leave was sought to bring a derivative action as required by section 239 of the Companies Act. The application is therefore struck out.

Citation
[2026] KEHC 5791 (KLR)
Parties
Plaintiff: Samson Gitonga; Defendant: Michimikuru Tea Company Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Miscellaneous Civil Case E156 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Interlocutory Application
Outcome
Application struck out as incompetent with costs to the respondent.
Legal Topics
Derivative Actions, Injunctions, Jurisdiction, Exhaustion of Remedies, Company Elections
Source Language
English
Company Law Civil Procedure Constitutional Law Derivative Actions Injunctions Jurisdiction Exhaustion of Remedies Company Elections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Samson Gitonga

Plaintiff

Michimikuru Tea Company Limited

Defendant

Procedural Posture

Miscellaneous Civil Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the application is competent without a substantive suit or petition
  2. 2 Whether the suit is barred by the doctrine of exhaustion
  3. 3 Whether leave is required to bring a derivative action under section 239 of the Companies Act

Ratio Decidendi

The application is incompetent as it is not anchored on a substantive suit or petition and seeks substantive reliefs. No leave was sought to bring a derivative action as required by section 239 of the Companies Act. The application is therefore struck out.

Court Disposition

Application struck out as incompetent with costs to the respondent.

Orders

  • The application is struck out with costs to the respondent.
  • The respondent is at liberty to implement the results of the elections if conducted on 6/11/2025.