REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(MILIMANI COMMERCIAL COURT)

BANKRUPTCY CAUSE NO. OF 2008

IN THE MATTER OF THE BANKRUPTCY ACT, ACP.56 OF THE LAWS OF KENYA

IN THE MATTER OF HONOURABLE MBUNGE MKUBWA

EX-PARTE: MANU SHAH T/A SHAH & PATEL HARDWARE-CREDITOR

REQUEST FOR ISSUE OF BANKRUPTCY NOTICE

(Under Rule 4 of the Bankruptcy Rules)

I, MANU SHAH T/A SHAH & PATEL HARDWARE, of P.O. BOX 324-00100
Nairobi hereby request that a bankruptcy Notice be issued by this court against
HONOURABLE MBUNGE MKUBWA the debtor herein of P.O. BOX 12-00200
Nairobi and residing in Nairobi.

The said HONOURABLE MBUNGE MKUBWA has for the greater part of the
past six months resided at ZIMMERMAN, NAIROBI within the jurisdiction of
this Court.

I produce an office copy of a final judgment against the said HONOURABLE

MBUNGE MKUBWA obtained by me in the high Court of Kenya at Nairobi in
High Court civil Suit Number 123 of 1999 on the 20 th day of April 2002.

Execution on the said judgment has not been stayed.

DATED AT NAIROBI THIS 29TH DAY OF FEBRUARY 2008

WAKILI WENGI & COMPANY

ADVOCATES FOR THE CREDITOR

DRAWN & FILED BY:-

WAKILI WENGI & CO.
ADVOCATES,
KENYATTA HOUSE,
KENYATTA AVENUE
P.O. BOX 145-00100
NAIROBI
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(MILIMANI COMMERCIAL COURTS)

BANKRUPTCY CAUSE NO. 1 OF 2008

IN THE MATTER OF THE BANKRUPTCY ACT, ACP.56 OF THE LAWS OF KENYA

IN THE MATTER OF HONOURABLE MBUNGE MKUBWA

EX-PARTE: MANU SHAH T/A SHAH & PATEL HARDWARE-CREDITOR

BANKRUPTCY NOTICE
(Under Rule 5 of the Bankruptcy Rules)

TO: HONOURABLE MBUNGE MKUBWA OF P.O. BOX 12-00200

TAKE NOTICE that within seven days after service of this notice on you,
excluding the day of such service, you must pay to MANU SHAH T/A SHAH &
& PATEL HARDWARE of P.O.BOX 324-00200 NAIROBI or to WAKILI WENGI &
COMPANY ADVOCATES, of P.O. BOX 145-00100 NAIROBI its agent duly
authorized the sum of KENYA SHILLINGS SEVEN MILLION EIGHT HUNDRED
THOUSAND (KSH.7,800,000/=) claimed by the said MANU SHAH as being the
amount due on a Final Judgment or Order obtained by him against you in the
Court, dated 20th April 2002 whereon execution has not been stayed, or you must
secure or compound for the said sum to his satisfaction or the satisfaction of his
said agent or to be satisfaction of the Court; or you must satisfy the Court that
you have a counter-claim, set-off or cross demand against him which equals or
exceeds the sum claimed by him and which you could not set up in the action or
other proceedings in which the Judgment or Order was obtained.

DATED AT NAIROBI THIS DAY OF 2008

By the Court Registrar.

 ENDORSEMENT ON NOTICE

You are specially to note:

That the consequences of not complying with the requisitions of this notice are
that you will have committed an act of bankruptcy, on which bankruptcy
proceedings may be taken against you if, however, you have a counter-claim,
set-off or cross-demand which equals * the amount claimed by the said MANU
SHAH in request of the Judgment or Order and which you could not set up in the
action or other proceedings in which the said Judgment or Order was obtained,
you must within seven (7) days apply to the Court to set aside this notice by filing
with the Registrar an affidavit to the above effect.

WAKILI WENGI & COMPANY

ADVOCATES FOR THE CREDITOR

DRAWN & FILED BY:-

WAKILIWENGI & CO.
ADVOCATES,
KENYATTA HOUSE,
KENYATTA AVENUE,
P.O. BOX 145-00100
NAIROBI

TO BE SERVED UPON:-
HONOURABLE MBUNGE MKUBWA,
P.O. BOX 12-00100
NAIROBI
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. 123 OF 1999

MANU SHAH T/A SHAH & PATEL HARDWARE……….PLAINTIFF

VERSUS

MBUNGE MKUBWA……………………………………………DEFENDANT

DECREE

CLAIM FOR;

The sum of Kenya Shillings Six Million (Kshs. 6,000,000/=)

Interest on (a) at bank overdraft rates from 20 th April 2002.

Costs of this suit together with interest thereon at court rates.

Such other or further relief as this Court may deem just and fit to grant

UPON READING THE APPLICATION presented to this court on 20 th April 2002

by counsel for the Plaintiff/Applicant under Order XXXV Rules 1 and 5 of the Civil
procedure Act CAP 21 and all other enabling provisions of Law. Supported by the
annexed affidavit of JOHN KIARIE sworn on 20 th February 2002 together with the
annexure thereto, the Replying Affidavit of MARK ANTHONY on 19 th February
2002 and a Further Affidavit of KEN GATHONI sworn on 9thMarch 2002 together
with the annexure thereto AND UPON HEARING Counsel for the Plaintiff and
the Defendant IT IS HEREBY ORDERD THAT;

The Defendant do pay the Plaintiff the sum of Kshs. 7,800,000/= together with
interest thereon at the rate of 14% per annum from 20 th April 2000 until payment
in full as more particularly set forth hereunder.

The Defendant do pay the Plaintiff the costs of this suit to be taxed and certified
by the Deputy Registrar of this Court.
 PARTICULARS
a) Principal amount Kshs. 6,000,000/=

b) interest thereon at 14% per annum Kshs. 1,800,000/=

From 20th April 2000

c) Total PAID on 13th October 2000 Kshs 9,083,223/=

d) balance due Kshs. 4,970, 700/=

GIVEN under my hand and seal f the court this 20 th April 2002

ISSUED at NAIROBI on this day of 2002

DEPUTY REGISTRAR
HIGH COURT OF KENYA AT NAIROBI
(MILIMANI)
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(MILIMANI COMMERCIAL COURTS)

BANKRUPTCY NO. 1 OF 2008-02-29

IN THE MATTER OF THE BANKRUPTCY ACT, CAP. 56 OF THE LAWS OF KENYA

IN THE MATTER OF HONOURABLE MBUNGE MKUBWA

EX-PARTE: MANU SHAH T/T SHAH & PATEL HARDWARE- CREDITOR

CREDITOR’S PETITION
(Under section 3 (iv) of the Bankruptcy Act, Rule 9 of the Bankruptcy Rules
and all other enabling provisions of the Law)

I, MANU SHAH T/A SHAH & PATEL HARDWARE, of P.O. BOX 324 – 00200
NAIROBI, hereby petition the Court that a receiving Order may be made in
respect of the debtor’s estate of HONOURABLE MBUNGE MKUBWA of P.O.
BOX 145-00100 NAIROBI and lately or residing at NAIROBI, and say:-

That the said HONOURABLE MBUNGE MKUBWA has within the period of one
year proceeding the presentation of this petition resided at Zimmerman NAIROBI
within the jurisdiction of this court.

That the said HONURABLE MBUNGE MKUBWA is justly and truly indebted to
me or us in the aggregate in the sum of Kenya Shillings Seven Million Eight
Hundred Thousand (Kshs.7,800,000/=)

That I do not, nor does any person on my behalf, hold any security on the said
debtor’s estate, or any part thereof, for the payment of the said sum.

That HONOURABLE MBUNGE MKUBWA within three months before the date
of the presentation of this petition has committed the following act of bankruptcy,
namely

THAT the creditor herein has obtained a final decree in the High Court Civil Suit
No. 123 of 1999, Nairobi for the amount of Kenya shillings seven Million Eight
Hundred thousand (kshs. 7,800,000/=) with interest at the rate of 14 per cent per
annum from the 20th day of April 2002 until full settlement.

THAT execution thereon has not been stayed.

THAT service duly effected upon the Debtor on the 1st April 2002 which service
the said Debtor acknowledged.

DATED AT NAIROBI THIS DAY OF 2008.

WAKILI WENGI & COMPANY

BIBI FONO ADVOCATE, A PARTNER IN THE SAID FIRM
ADVOCATES FOR THE CREDITOR

ENDORSEMENT

This petition having presented to the court on the ____ day of _________
2008, it is ordered that this petition shall be heard at ___________ on the 4 th
day of ____________2008, at 9 O”clock in the forenoon or soon thereafter. And
you the said HONOURABLE MBUNGE MKUBWA are to take notice that if you
intend to dispute the truth of any of the statements contained in the petition you
must file with the Registrar of this Court a notice showing the grounds upon
which you intend to dispute the same, and send by a copy of the notice to the
petitioner three days before the date fixed for the hearing.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(MILIMANI COMMERCIAL COURTS)

BANKRUPTCY NO. 1 OF 2008-02-29

IN THE MATTER OF THE BANKRUPTCY ACT, CAP. 56 OF THE LAWS OF KENYA

IN THE MATTER OF HONOURABLE MBUNGE MKUBWA

EX-PARTE: MANU SHAH T/T SHAH & PATEL HARDWARE- CREDITOR

VERIFYING AFFIDAVIT

I, MANU SHAH of P.O. BOX No. 11111-00100 NAIROBI in the Republic of

Kenya do hereby make oath and state as follows:-

THAT I am resident in Nairobi within the said Republic.

THAT I am a senior partner of Shah & Patel Hardware duly authorized by the
other partners, conversant with the facts of the case and therefore competent to
swear this Affidavit

THAT on behalf of Shah & Patel Hardware, I instructed the firm of Wakili Wengi
& Company Advocates to file suit against Honourable Mbunge Mkubwa in the
High Court No. 123 of 1999, Nairobi.

THAT we obtained judgment against the said Honourable Mbunge Mkubwa for
the Sum of Kenya shillings Seven Million Eight Hundred thousand (Kshs
7,800,000/=) as is indicated in a copy of the final decree dated 20 th April 2002
attached hereto and marked “MS1”.

THAT service of the aforesaid decree was effected upon the said judgment
debtor, Respondent herein, on the 1st April 2002.

THAT despite several attempts to execute the said decree, the Debtor has failed
to, neglected to and/ or intentionally and actually refused to satisfy the decretal
sum together with costs and interests.

THAT I am advised by my Advocate on record, Bibi Fondo, which advice verily

believe that this petition has been timely filed I verily believe that this petition has
been timely filed and is proper before this Court.
THAT what is deponed to herein is true to the best of my knowledge, information
and belief.

DATED AT NAIROBI THIS DAY OF 2008

Sworn by the said Petitioner )

MANU SHAH )
This day of 2008 )_________________
) DEPONENT
BEFORE ME )

COMMISSIONER OF OATHS

DRAWN & FILED BY :

WAKILI WENGI & CO.
ADVOCATES
KENYATTA HOUSE,
KENYATTA AVENUE
P.O BOX 145-00100
NAIROBI