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|Case Number:||Bankruptcy Cause 45 of 2008|
|Parties:||In Re the matter of Daniel Mathenge Ruthi|
|Date Delivered:||17 Dec 2010|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||Murugi Geteria Mugo|
|Citation:||In Re the matter of Daniel Mathenge Ruthi  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT OF KENYA
BANKRUPTCY CAUSE NO.45 OF 2008
Subsequent upon the court satisfying itself that an act of bankruptcy in the matter of the petitioner had been committed upon his presentation of a bankruptcy petition against himself as above, and the Official Receiver having no objection to a Receiving Order being made, the same was issued by the court on 21st January 2008, subsequent to which, the Official Receiver applied to have the debtor publicly examined on oath as to his affairs and his inability to pay his creditors. The public examination was conducted on 19th November, 2010 in the presence of the four named unsecured creditors, wherein the debtor testified that:
2. That he lived with his wife, who is a vegetable vendor on a piece of land given to him by Kihiu Mwiri Society.
4. That none of his children are schooled beyond class 8 of Primary School.
6. That the creditors herein sued him in respect of injuries sustained by them as fare paying passengers in an accident involving a public service vehicle that the debtor operated between Thika and Nairobi.
8. That he has no assets and no means at all by which he could liquidate his debts.
The creditors did not wish to cross examine the petitioner and the public examination is deemed to have concluded at the end of the proceedings of 19th November, 2010. There having been no proposal for composition in satisfaction of the debts or scheme of arrangement of the debtors’ affairs ever made, as would have necessitated a meeting of creditors, the court considers that a case for a bankruptcy order has been made out in the circumstances, being satisfied that the statements made in the petition are true, and the debts upon which the petition is founded have not been paid, or secured or compounded for. Consequently, I now make orders as follows:
2. The Official Receiver be and is hereby appointed Trustee in Bankruptcy in respect of the adjudged bankrupt’s estate.
DATED, SIGNED and DELIVERED at NAIROBI this 17TH day of DECEMBER, 2010.