Bifwoli - Certificate of Urgency

THE REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KITALE
MISC APPLICATION NO……………………OF 2020
KENNEDY KWEYU SHIKUKU
T/A ESHIKONI AUCTIONEERS..............................................................APPLICANT
VERSUS
KENYA NATIONAL CHAMBER OF
COMMERCE AND INDUSTRY..........................................................RESPONDENT
CERTIFICATE OF URGENCY
I KARANI O. AGGREY of P.O BOX 2553-30200 Kitale within the Republic of Kenya
do hereby certify this instant application as urgent. The nature of its urgency being that
the applicant duly authorised to execute court orders and distress for rent in the district of
Trans-Nzoia is facing resistance or intimidation from the respondent and the respondent
has locked the premises thereby the applicant is unable to take and seize the detrained
goods pursuant to a letter of instruction from the firm of M/S KARANIGREY &
CO.ADVOCATES.
The applicant therefore urgently requires orders of the honourable court to get police
escort from Kitale Police Station in o0rder to be able to carry out is duties peacefully as
unless the order is gran6ted the applicant may not be able to take and seize the detrained
goods without there being a breach of the peace.
DATED at KITALE this…………………….. Day of……..……………………2022
………………….…………….
M/S KARANIGREY & CO.
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:

M/S KARANIGREY & COMPANY ADVOCATES,
PARKVIEW TOWERS,
OPP. KITALE LAW COURTS,
2ND FLOOR, ROOMS 12 & 13,
P. O. BOX 2553 - 30200,
KITALE.
EMAIL: karanigrey@gmail.com
THE REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KITALE
MISC APPLICATION NO……………………OF 2020
KENNEDY KWEYU SHIKUKU
T/A ESHIKONI AUCTIONEERS..............................................................APPLICANT
VERSUS
KENYA NATIONAL CHAMBER OF
COMMERCE AND INDUSTRY..........................................................RESPONDENT
SUPPORTING AFFIDAVIT
I, KENNEDY KWEYU SHIKUKU of P.O Box 1980 Kakamega and compo’s mentis
and ordinary residing in Kakamega county within the republic of Kenya hereby make
solemn oath and state as follows:-
1. THAT I am a licensed auctioneer/ court broker caring on business under the name
and style of KENNEDY KWEYU SHIKUKU T/A ESHIKONI
AUCTIONEERS hence competent to make and swear affidavit. (Annexed
hereunto and marked KKSI is a copy of the license.)
2. THAT on 03/6/2022 I was instructed by the firm of KARANIGREY & CO.
ADVOCATES to proceed and levy distress for rent against the respondents herein
who has defaulted in paying rent due despite of demand thereof being made by the
agent appointed by the landlord. (Annexed hereunto and marked KKS2 is a copy
of letter of instruction and demand notices by agent.)
3. THAT as at 03/6/2022 the respondents was in rent arrears of Kshs 200,400/=.
4. THAT as a matter of procedures I proceeded as instructed by detraining the
respondent goods and chattels on the premises on 03/6/2022. (Annexed hereunto
and marked KKS 3 is a copy of proclamation).
5. THAT the respondent did not pay rent nor cost of the distress with the seven (7)
days required by law.
6. THAT upon the expiry of seven days we have been going their severally in the
company of the landlord’s agent went to the premises to collect the detrained
goods and chattels but was subjected to resistance or intimidation by the
respondent where he closed the door and run away.
7. THAT I have made a lot of attempts visiting the premises but I could not get the
access to the premises where he is planning to sell the shop and go to unknown
place.
8. That I have been informed by the landlord and his agents which information I
verily believe to be true that the respondents has frequently or clandestinely
removed or carried away from the premises goods or chattels liable to be seized
for rent.
9. THAT I verily believe the respondent’s actions are but only calculated at
defeating the landlord claim for rent.
10. THAT is therefore just and fair that I be allowed to break into the premises and
take inventory of the goods or chattels therein and take and seize the goods or
chattels for arrears of rent.
11. THAT in order to avoid a breach of the peace during the exercise I pray that this
honourable court do issue and order for security from the officer commanding
Kitale police station and allow us to take seize any other movable property of
respondents to be pointed out by the landlord which has been removed from the
premises.
12. THAT in the circumstances it is just and expedient that the application be allowed
to avoid more loss and damages to the landlord who has been den8ied enjoyment
of fruits of her labuor.
13. That I make these depositions conscientiously believing the same to be true to the
best of my knowledge, information and belief and to be in accordance with the
Oaths And Statutory Declarations Act
SWORN at KITALE this…………..........………… day of……………....……….2022.
BY THE SAID : - )
KENNEDY KWEYU SHIKUKU )
BEFORE ME )
) …………………..
………………
) DEPONENT
COMMISIONER FOR OATHS )
DRAWN & FILED BY: -

KARANIGREY & COMPANY ADVOCATES
P.O BOX 2553-30200
KITALE
6. THAT police escort is necessary to ensure that the auctioneer carries
out his duties peacefully.
7. THAT the respondent after the distress has locked up the premises
and is likely to relocate.
8. THAT respondents have removed some of the detrained goods and
chattels to unknown place in order to frustrate the distress to rent.
9. THAT the auctioneer cannot take and seize the goods and chattels so
detrained unless they lock i9nto the premises.
10. THAT the police escort is necessary to ensure that the auctioneer
carries out his duties peacefully.
11. THAT the continued nonpayment o0f the rent has deprived the
landlord the enjoyment of fruits of labuor.
12. THAT the respondents shall suffer no prejudice if the application
is allowed.
13. THAT is only just and expedient that this application be allowed.
WHICH APPLICATION is supported by the annexed affidavit of KENNEDY

KWEYU SHIKUKU and on further grounds to be adduce at the hearing thereof
DATED at KITALE this…………………….. Day of……..……………………2022
………………….…………….
M/S KARANIGREY & CO.
ADVOCATES
DRAWN & FILED BY:

M/S KARANIGREY & COMPANY ADVOCATES,
PARKVIEW TOWERS,
OPP. KITALE LAW COURTS,
2ND FLOOR, ROOMS 12 & 13,
P. O. BOX 2553 - 30200,
KITALE.
EMAIL: karanigrey@gmail.com

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THE REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT KITALE

MISC APPLICATION NO……………………OF 2020

KENNEDY KWEYU SHIKUKU

T/A ESHIKONI AUCTIONEERS..............................................................APPLICANT

KENYA NATIONAL CHAMBER OF

COMMERCE AND INDUSTRY..........................................................RESPONDENT

DATED at KITALE this…………………….. Day of……..……………………2022

M/S KARANIGREY & CO.

ADVOCATES FOR THE APPLICANT

DRAWN & FILED BY:

IN THE CHIEF MAGISTRATE’S COURT AT KITALE

MISC APPLICATION NO……………………OF 2020

KENNEDY KWEYU SHIKUKU

T/A ESHIKONI AUCTIONEERS..............................................................APPLICANT

KENYA NATIONAL CHAMBER OF

COMMERCE AND INDUSTRY..........................................................RESPONDENT

SWORN at KITALE this…………..........………… day of……………....……….2022.

KENNEDY KWEYU SHIKUKU )

COMMISIONER FOR OATHS )

DRAWN & FILED BY: -

WHICH APPLICATION is supported by the annexed affidavit of KENNEDY

DATED at KITALE this…………………….. Day of……..……………………2022

M/S KARANIGREY & CO.

DRAWN & FILED BY:

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