Sifuna v Registrar of Companies & 2 others [2025] KEHC 3996 (KLR)

Sifuna v Registrar of Companies & 2 others (Judicial Review Miscellaneous Application E068 of 2025) [2025] KEHC 3996 (KLR) (Judicial Review) (1 April 2025) (Ruling)

Neutral citation: [2025] KEHC 3996 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Miscellaneous Application E068 of 2025

RE Aburili, J

April 1, 2025

Between

David Kinisu Sifuna

Applicant

and

Registrar of Companies

1st Respondent

Commission on Administrative Justice (Office of Ombudsman)

2nd Respondent

Attorney General

3rd Respondent

Ruling

1. I have considered the application dated 20/3/2025, the grounds, statement of facts and verifying affidavit together with annextures.

2. The application is exparte seeking leave of court to apply for Judicial Review orders of mandamus to compel the Registrar of Companies to issue CR 12 in respect of a company known as Beach Villas Limited which is said to be dormant yet it is actively involved in litigation with other parties.

3. In my perusal of the documents annexed, I find the application not to be frivolous. I grant leave to the applicant to apply as prayed in the chamber summons dated 20/3/2025.

4. As the Beach Villas Ltd is not a party to these proceedings, I decline to order that leave so granted do operate as stay of any further activities or operations of Beach Villas Ltd pending the hearing and determination of the substantive motion.

5. The substantive motion to be filed and served upon the Respondents within 21 days of today in a separate file.

6. I make no orders as to costs. This file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY THIS 1ST DAY OF APRIL, 2025. R.E. ABURILIJUDGE