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GAZETTE NOTICE NO. 5006
GAZETTE NOTICE NO. 5006
THE INSOLVENCY ACT
(Cap. 53)
REGISTRATION
NOTICE is given that on 17th March, 2026, a petition was presented to the High Court of Kenya at Nairobi (Commercial and Tax
Division) in Insolvency Petition No. HCCOMMIP/E17/2026 by
RUPSA Regulated NWDT SACCO Society Limited (a SASRA- regulated non-withdrawal deposit-taking SACCO), seeking an order for the compulsory winding-up of the Company on the grounds of
18221822 inability to pay its debts under sections 384(1) (a), 384(1) (c) and 384
(2) of the Insolvency Act, 2015.
The insolvency of the company rests on three independent grounds. A statutory demand for KSh. 108,849,922.97 served on 23rd
February, 2026 was not met within the statutory period: section 384
(1) (a). The Company’s own director admitted on oath before the Co- operative Tribunal on 1st June, 2024 that the Company's bank accounts were overdrawn: section 384(1)(c). A Pricewaterhouse
Coopers forensic assessment (September 2024) confirmed total liabilities of KSh. 17,700,000,000 against total assets of Kshs.
5,200,000,000, a net deficit of Kshs. 12,500,000,000: section 384 (2).
A second independent audit by Grant Thornton corroborates the position.
On 25th March, 2026, the High Court (Hon. Lady Justice Dr.
Githiru Freda Mugambi) granted an order ex parte in the following terms: (a) the Company, its directors, officers, agents and servants are restrained from disposing of, selling, transferring, encumbering, charging or otherwise dealing with any asset of the Company; and (b) the Company is restrained from transferring, disposing of or encumbering any shares held by the Company in any subsidiary or affiliated entity, pending the hearing and determination of the Petition.
By operation of section 431(3) of the Insolvency Act, 2015, liquidation is deemed to have commenced on 17th March, 2026.
Pursuant to section 429, any disposition of the Company's property or transfer of shares made after that date without the sanction of the Court is void as a matter of law. Any party that received a payment, asset or transfer from the Company after 17th March, 2026 may be required to restore such value to the insolvent estate.
The matter returns before the Court on 27th May, 2026 for further directions. All creditors and affected parties are notified accordingly.
NOTICE TO CREDITORS
Any party holding deposits, investment certificates, loans or any other financial exposure with the Company must take note of the following. First, creditors should immediately quantify and document all claims and accrued interest in preparation for lodgement of formal proofs of debt in the prescribed Form No. 5 under the Insolvency
(General) Rules, 2016, upon appointment of a liquidator. Second, creditors who received any payment from the Company after 1st
January, 2024 should urgently seek legal advice on exposure to challenge as an unfair preference under sections 558 and 559 of the
Act. Third, any payment or transfer received from the Company after
17th March, 2026 is void by operation of section 429 and requires immediate legal advice. Creditors who do not act before 27th May, 2026 risk being bound by outcomes determined in their absence.
LEAD COUNSEL FOR THE PETITIONER
Allan Mulama Advocates act as lead counsel for the Petitioner in these proceedings. Creditors and affected SACCOs with exposure to the Company are invited to contact the firm for a confidential consultation on their specific position, preparation and lodgement of proofs of debt, and representation at the inter partes hearing on 27th
May, 2026.
Allan Mulama Advocates, Jumuia Place, Block 1, Suite L2, Lenana Road, Hurlingham, Nairobi, P.O. Box 8167–00100, Nairobi, Tel: 0725 823 695 allanadvocates@gmail.com; info@allanmulamaadvocates.co.ke
Ref: AMA/RUPSA/KUSCCO/2026
Dated the 1st April, 2026.
NOTE:
This notice is issued pursuant to the Insolvency Act, 2015 and the
Insolvency (General) Rules, 2016. It does not constitute legal advice specific to any individual creditor. All affected parties are advised to seek independent legal counsel. Matter reference: Insolvency Petition
No. HCCOMMIP/E017/2026, High Court of Kenya at Nairobi, Commercial and Tax Division.
JOHN ALLAN MULAMA, Allan Mulama Advocates, MR/8097633 Lead Counsel for the Petitioner.
Dated the 1st April, 2026.
JOHN ALLAN MULAMA,
Allan Mulama Advocates, Lead Counsel for the Petitioner.
Extracted Entities (2)
company_registration
CS/S/2
previous_gazette_ref
5006
Details
- Act / Legislation
- THE INSOLVENCY ACT
- Reference
- Cap. 53
- Section
- section 384 (1) (a)
- Signed By
- JOHN ALLAN MULAMA
- Title
- Allan Mulama Advocates, Lead Counsel for the Petitioner
- Date Signed
- 1st April 2026
- Page
- 55
- Extraction Method
- regex
Source Gazette
Vol. CXXVIII No. 63 (SUPPLEMENT)
Published 2nd April 2026