Heldo Foodstuff Limited v Daudi Kiptugen & 6 others
The bottom line
#Kenya's Court of Appeal struck out a company's review application because the affidavit was sworn in the company's name instead of by an authorised officer.
What this practically means
#Executive summary
#Key legal issues
#Whether a company, as a juristic person, can swear an affidavit
No. An affidavit must be sworn or affirmed by a natural person with personal knowledge of the matters deposed; an affidavit filed on behalf of a company must be sworn by an authorized officer who expressly states their authority.
The Court grounded its analysis in the Oaths and Statutory Declarations Act, Cap 19, noting that oaths are administered to natural persons. While companies act through agents such as directors and secretaries, a juristic person cannot itself swear an oath. Section 16 requires an affirmation by an identified natural person ('I, A, B'). The affidavit here was indicated as sworn by Heldo Foodstufi Limited itself, with no officer named as authorized, and the Commissioner for Oaths' attestation was equally irregular. The application was therefore incurably defective.
Whether procedural defects can be cured by Article 159 of the Constitution or the oxygen principles
No, not where the defect is incurable; the application could not be sustained on that basis.
The applicant, acting in person, effectively sought to have the defective affidavit excused. The Court acknowledged the difficulties courts face with litigants in person but held that procedural rules apply equally to all parties. A defect going to the very competency of the application - an affidavit sworn by a juristic person in its own name with no identified deponent or authority - is incurable and cannot be salvaged by constitutional overriding objectives.
Legal principles established
#- An affidavit on behalf of a company must be sworn by an authorized natural person who states their authority and source of knowledge; a company cannot swear an affidavit in its own name
- A fatally defective affidavit cannot be salvaged by the oxygen principles or Article 159 of the Constitution
- Parties acting in person remain bound by the rules of procedure and courts cannot overlook glaring procedural irregularities
Court orders
#- 1.The Notice of Motion dated 23rd March 2026 is struck out
- 2.No costs awarded, as the respondents had not filed any documents and are not entitled to costs
- On appeal from
- Court of Appeal of Kenya, Nakuru
- Civil Appeal (Application) E034 of 2021 (related review application)
- Jurisdiction invoked
- Inherent review jurisdiction of the Court of Appeal over its own judgment; Rule 44 and Rule 45 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Heldo Foodstuff Limited v Daudi Kiptugen & 6 others", Case Analysis (2026). Civil Appeal (Application) - review of judgment delivered 15th December 2023, Nakuru. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/932/eng@2026-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.