In re Stelec Kenya Limited (Miscellaneous Application E401 of 2026) [2026] KEHC 4873 (KLR) (Commercial and Tax) (16 April 2026) (Ruling)
The delay in registration was caused by excusable administrative delays at the Land Registry, and the court has statutory power to extend time for registration under Section 888 of the Companies Act.
Source-derived case information.
- Citation
- [2026] KEHC 4873 (KLR)
- Parties
- Applicant: Victoria Commercial Bank Public Limited Company; Applicant: Stelec Kenya Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E401 of 2026
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Registration of Charge, Companies Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victoria Commercial Bank Public Limited Company
Applicant
Stelec Kenya Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should extend time for registration of a charge under the Companies Act
Ratio Decidendi
The delay in registration was caused by excusable administrative delays at the Land Registry, and the court has statutory power to extend time for registration under Section 888 of the Companies Act.
Court Disposition
application allowed
Orders
- Time to register the charge dated 3rd December 2025 over property Kajiado/Kaputiei North/148614 is extended by 30 days from the date of the ruling.
- Costs of the application be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
In re Stelec Kenya Limited (Miscellaneous Application E401 of 2026) [2026] KEHC 4873 (KLR) (Commercial and Tax) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 4873 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Commercial Courts) Commercial and Tax Miscellaneous Application E401 of 2026 BK Njoroge, J April 16, 2026 IN THE MATTER OF COMPANIES ACT, 2015 AND IN THE MATTER OF AN APPLICATION TO EXTEND TIME TO REGISTER A CHARGE BY STELEC KENYA LIMITED Between Victoria Commercial Bank Public Limited Company Applicant and Stelec Kenya Limited Applicant Ruling 1.The application coming up for ruling is the one dated 9.4.2026. In the said Notice of Motion, the Applicants seek the following orders:1.Spent.2.This Honourable Court be pleased to extend the time within which to register with the registrar of Companies the Charge dated 3rd December 2025 over property Kajiado/Kaputiei North/148614 by Stelec Kenya Limited created in favour of Victoria Commercial Bank Public Limited Company for a further period of 30 days with effect from the date of issue of the order to be made herein or such other period as the court shall deem fit.3.The costs of this application be in the cause. 2.The Application is supported by the affidavit of PERPETUA MBURUGU sworn on 9.4.2026. She depones that she is an Advocate of the High Court of Kenya. She practices under the law firm of G & A Advocates LLP. 3.She received instructions on 10th November 2025 to prepare and register a charge over Kajiado/Kaputiei North/148614 in favour of the 1st Applicant. The instructions were effected upon and a charge prepared and registered at the Kajiado Lands Registry on 2.4.2026. 4.However, the charge which was prepared on 3.12.2025 could not be registered at the Companies Registry. This was because it was overdue the period of 30 days provided for registration by Section 878 of the Companies Act. 5.The Court has powers under Section 888 of the Companies Act, to extend the time for registration. 6.The reasons for delay are attributed to the delays of processes at the Land Registry at Kajiado in registration of the charge. These reasons are plausible and excusable. 7.The Court is persuaded to allows the application and extend time by 30 days. The costs will be in the cause. Determination 8.The Applicants’ application by way of a Notice of Motion dated 9th April, 2026 is allowed in the following terms;a.This Honourable Court HEREBY extends the time within which to register with the registrar of Companies the Charge dated 3rd December 2025 over property Kajiado/Kaputiei North/148614 by Stelec Kenya Limited created in favour of Victoria Commercial Bank Public Limited Company for a further period of 30 days with effect from the date of this Ruling.b.The costs of this application be in the cause. 9.The file is hereby marked as closed. 10.It is so ordered. DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF APRIL, 2026.NJOROGE BENJAMIN K.JUDGEIn the presence of;Miss Nyambura the Applicants.Mr. Peter Wabwire - Court Assistant.