In re Stanley Maina Mwangi [2023] KEHC 23220 (KLR) | Bankruptcy Petition | Esheria

In re Stanley Maina Mwangi [2023] KEHC 23220 (KLR)

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In re Stanley Maina Mwangi (Bankruptcy Cause E003 of 2021) [2023] KEHC 23220 (KLR) (Commercial and Tax) (5 October 2023) (Judgment)

Neutral citation: [2023] KEHC 23220 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Bankruptcy Cause E003 of 2021

FG Mugambi, J

October 5, 2023

In the matter of

Stanley Maina Mwangi

Debtor

Judgment

1. Before the court is a debtor petition dated 8th February, 2021. I have perused the petition and I am satisfied that the same was advertised on 9th June, 2021 in the Daily Nation Newspaper.

2. The statement of affairs discloses a bill of costs dated 6th September, 2017 in Misc Appln. No. 125 of 2017 for the amount of KShs.475,055/= by the firm of Kittony Maina Karanja Advocates and a decree in Kigumo Civil Suit No. 114 of 2015 for KShs.376,678/= dated 2nd December, 2020.

3. I have also seen the bank statement filed by the debtor with a credit of KShs.2,442. 41. The debtor states that he is jobless. I am satisfied that the pleadings were served on the creditor and on the Official Receiver. The creditor has filed no response to the petition. The Official Receiver does not oppose the petition. As such, the applications dated 8th April, 2021 and 21st July, 2021 are overtaken by events.

4. I am satisfied that the debtor is unable to pay his debts. I find no compelling reason to deny the order of bankruptcy against him. I allow the petition dated 8th February, 2021 and make the following orders:i.That Stanley Maina Mwangi be and is hereby adjudged bankrupt and a bankruptcy order is made against his estate.ii.That the Official Receiver/any person so nominated by the Official Receiver shall be the Trustee in bankruptcy in respect of the debtor’s property.iii.Costs of the petition shall be borne out of the estate of the debtor.File closed.

DATED, SIGNED AND DELIVERED IN NAIROBI THIS 5 TH DAY OF OCTOBER 2023. F. MUGAMBIJUDGEIn the presence of:Ms Mumo for ORStanley Maina – debtor in personCarolyne Kyalo, CA