English Point Marina back in court in loan battle with KCB

"The orders of the Court of Appeal did not stay any additional orders and directions of the High Court that were delivered by the Lady Justice Dorah Chepkwony on June 7, 2022, which are still in force pending determination of an application dated June 6, 2022," the application filed by Conrad Law Advocates, says.

It claims that despite the already challenging economic environment in the country, Marina has been forced to incur a higher cost of doing business to maintain its operations due to its restricted liquidity.

It accuses KCB of not acting in good faith.

Justice Chepkwony had suspended the bank's decision to appoint Kamal Bhatt as the receiver manager and administrator pending the hearing and determination of a suit filed by Marina's parent company, Pearl Beach Hotels Ltd.

"That order No (2) of the exparte orders issued on June 7, 2022 is hereby varied but only to the extent of staying and restraining the second defendant (Bhatt) from assuming his duties under the debenture dated March 1, 2021 and the supplementary debentures thereof, but maintain his appointment. The other orders to remain in subsistence pending the hearing and determination of the application dated June 6, 2022.," ruled Justice Chepkwony.

The Court of Appeal suspended Justice Chepkwony's orders and further hearing at the commercial court.

In its appeal KCB, argued that the commercial court judge erred by issuing the orders as it owed it money which was allegedly not paid as agreed.

Before the commercial court, Marina through lawyer Nick Ndeda, filed an urgent application arguing that the bank had irregularly moved to seize the property without following due process.