High court strikes out petition to liquidate KUSCCO

Lady Justice Rhoda Rutto, sitting at the Milimani High Court, upheld a preliminary objection by KUSCCO and found that the petition filed by Rupsa Regulated NWDT Sacco Society Limited was improperly brought under the Insolvency Act.

Lady Justice Rhoda Rutto, sitting at the Milimani High Court, upheld a preliminary objection by KUSCCO, represented by lawyer Ceceil Miller, and found that the petition filed by Rupsa Regulated NWDT Sacco Society Limited was improperly brought under the Insolvency Act.

The court held that KUSCCO, being a co-operative society registered under the Co-operative Societies Act, is governed by the specialised statutory framework established under that law rather than the general corporate insolvency regime.

The ruling, delivered on September 28, 2026, brings to an end the petition filed on March 17, 2026, in which Rupsa sought the liquidation of KUSCCO.

Justice Rutto first considered whether KUSCCO's preliminary objection met the legal threshold established in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd.

Source: Citizen Digital