11th August 2025
Our very own, Partner Noella Lubano and Associate Kateline Mang’ich, successfully represented Kenya Commercial Bank (KCB) in a major case involving Proctor & Allan (E.A) Limited. The court ruled in favour of KCB, allowing the bank to enforce its security rights and recover over KES 4 billion in loan repayments.
Key outcomes:
- The court confirmed that the terms of the loan agreement must be respected and cannot be changed by the court. Since the agreement allowed KCB to appoint receivers in case of default, the court upheld this right.
- The directors could only file a lawsuit on behalf of a company under receivership if they had obtained the consent of the receivers and managers or with the leave of the Court. Since they did not obtain such consent or leave, the court ruled that the directors lacked the legal standing to bring the suit and consequently the case was struck out.
Read the full Determination here
About Oraro & Company Advocates
Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of partners and associates, the firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR1000 and Legal 500 as a top-tier firm in Kenya.
Oraro & Company Advocates prides itself in its deeply rooted client relationships by providing quality legal services through its partner-led approach, drawing from local knowledge and global perspectives.
The firm is a full Affiliate Member of AB & David Africa, a Pan-African business law network committed to ensuring that businesses and projects succeed in Africa, by helping clients minimize the risks associated with doing business in the continent. This enables the firm to offer cross-jurisdictional legal advice in a seamless manner, while maintaining the highest professional standards.
