The High Court has ordered Bank of Baroda (Kenya) Limited to pay Infinity Industrial Park Limited more than Ksh.2.996 billion following a commercial dispute linked to the development of an industrial park in Nairobi. The judgment was issued in the High Court Commercial and Tax Division, with Justice Peter Mulwa handling the matter. The decree was issued on September 1, 2026, in case HCCOMM No. E322 of 2024.
Dispute Over Industrial Park Development
Infinity Industrial Park had taken the bank to court over the development of an industrial project situated on LR No. 31978 (Original No. 11522) in Njiru, along the Eastern Bypass. Among the reliefs initially sought by the company was an order stopping Bank of Baroda from selling, transferring or otherwise dealing with the property. The company also wanted the bank compelled to approve a Ksh.650 million development facility to finance the construction of a second cluster comprising 50 warehouses. Alternatively, Infinity Industrial Park had asked the court to direct the bank to release an additional 15 acres of the project land so that the company could seek financing from other financial institutions.
Company Cites Delays and Financial Losses
Infinity Industrial Park argued that delays in obtaining land documents and access to portions of the development site affected the construction and sale of warehouses and serviced industrial plots. The company further attributed some of its financial difficulties to the disruption caused by the COVID-19 pandemic and an election year, saying the circumstances affected its cash flow and the progress of the project. However, court records indicate that the company later withdrew most of the orders it had initially sought.
Court Allows Withdrawal of Several Claims
A notice dated August 6, 2026, seeking to withdraw several prayers was subsequently allowed and adopted by the court. The withdrawn claims included requests for permanent injunctions, additional financing, release of land and declarations relating to alleged breaches of the parties’ agreement. The company also withdrew prayers seeking a further 15-month moratorium, relief concerning credit reference bureau listings and general damages. Despite the withdrawal of the other prayers, the court entered judgment in favour of Infinity Industrial Park for Ksh.2,996,003,000 in special damages.
Bank Faces Asset Attachment
Following the judgment, enforcement proceedings moved forward after the court issued a warrant of attachment on September 15, 2026. The warrant authorises the attachment of Bank of Baroda’s movable and attachable property to recover the amount awarded to Infinity Industrial Park.
The document, signed by Milimani High Court Commercial and Tax Division Deputy Registrar Stellah N. Sagwe, puts the amount to be recovered at Ksh.2,996,003,000. The figure includes the Ksh.2.996 billion decretal amount, Ksh.1,500 in additional costs and a further Ksh.1,500 collection fee.
Moran Auctioneers Directed to Execute Warrant
Moran Auctioneers of Nairobi has been instructed to identify and attach sufficient movable property belonging to the bank to satisfy the outstanding decree and the costs associated with the attachment. The auctioneer is required to follow the prescribed proclamation process before selling any attached property.
According to the warrant, any property attached may be sold through a public auction after the required 15-day notice has been issued. The warrant must also be returned to the court by October 15, 2026, together with an endorsement indicating how it was executed or, where execution was unsuccessful, the reasons for the failure.
What the Court Order Means
The enforcement order places Bank of Baroda at risk of having eligible movable assets attached and sold if the decretal amount is not settled, subject to any further proceedings or orders issued by the court. The attachment proceedings arise from the decree entered in favour of Infinity Industrial Park in HCCOMM No. E322 of 2024, bringing the long-running commercial dispute into the enforcement stage.
