Login Register

Equity Bank Kenya Limited v. Kenya Airways PLC, Cabinet Secretary to the National Treasury, Ecobank Kenya Limited, Co-Operative Bank of Kenya Limited, Commercial Bank of Africa Limited National Bank of Kenya Limited, KCB Bank Kenya Limited, NIC Bank Limited, Diamond Trust Bank Kenya Limited, I&M Bank Limited, Chase Bank (Kenya) Limited (In Receivership) & Jamii Bora Bank Limited

(2017) JELR 102410 (CA)

Court of Appeal  •  Civil Appeal 278, 279 & 281 of 2017 (Consolidated)  •  25 Aug 2017  •  Kenya

Mohammed Abdullahi Warsame, Agnes Kalekye Murgor, Kathurima M'inoti



The 1st respondent, Kenya Airways PLC, is heavily in debt and is unable to meet its financial obligations. All the other parties in these appeals are its unsecured creditors. By a petition dated 17th July 2017, the 1st respondent submitted to the High Court a proposed Scheme of Arrangement under section 926 of the Companies Act, 2015. It also filed an application in which it sought, among others, an order directing a meeting of its creditors be convened on 1st August 2017 for purposes of deliberating and voting on the scheme proposal, and appointment of Mr. Mbuvi Ngunze, or in his absence, Mr. Richard Harney, the Managing partner of Coulson Harney LLP, Advocates, as the chairman of the scheme creditors’ meeting.

By an ex parte order made on 17th July 2017 the High Court (Ochieng, J.), granted the application and directed, among others, that the meeting of the 1st respondent’s creditors to be convened on 1st August 2017 and that the said meeting be chaired as prayed…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login