Written by Kelly Were
The High Court in Nairobi has granted urgent interim orders to protect the court-appointed administrators of Nes Poly Pack Limited, following dramatic allegations that the company’s directors led a “violent and forceful entry” to retake control of the firm’s premises.
In an order issued on 14 November 2025, Lady Justice J.W.W. Mongare restrained the company’s directors and their agents from evicting the administrators or “carting away the goods and property of the company”. The move comes just days after the administrators reported a violent disruption at the Isinya-based factory to police.
The insolvency case began when Equity Bank Kenya Limited, a secured creditor, appointed Ponangipalli Venkata Ramana Rao (Mr. PVR Rao) and Swaroop Rao Ponangipalli (Mr. Swaroop Rao) as joint administrators on 30 October 2025.
The appointment was made under floating charges held by the bank, which include a debenture for Kshs 100 million from 2019 and a further debenture for Kshs 93 million from 2021.
The administrators, from TACT Consulting LLP, formally lodged their appointment with the High Court at Milimani on 5 November 2025, commencing Insolvency Cause No. E068 of 2025.
Following their appointment, the administrators notified the company’s directors that their powers over the assets had ceased and issued termination notices to all employees, stating that all employment contracts stood “automatically terminated, as per the law”.
This action appears to have triggered the confrontation. In a sworn affidavit supporting the urgent application, joint administrator Swaroop Rao Ponangipalli detailed the alleged incident.
“On Saturday 8th November 2025, the directors and employees of the company made a violent and forceful entry into the premises… and acutely disrupted the operations… thereby making it impossible for the joint administrators and their staff to carry out their work,” Mr. Ponangipalli stated.
He further alleged that the directors were actively undermining the administration process. “In the midst of the violence and disruption, the directors of the company and their agents have been aggressively carting away finished goods and raw materials from the company premises to unknown destinations,” his affidavit claimed. The administrators filed a report with the Isinya Police Station, recorded as OB number 24 dated 8 November 2025.
Fleeing the alleged violence, the administrators sought urgent court protection. Their advocate from Muthama, Munyao & Kasindi Advocates, Paul Munyao, argued that the administrators required the court’s intervention to perform their duties.
“The joint administrators are first and foremost officers of this Honourable Court… [they] are entitled to protection from violent and criminal resistance by the debtor company in order to enable them to discharge their lawful duties,” Mr. Munyao stated in a certificate of urgency.
The administrators’ application also seeks to nullify a competing court order obtained by the company’s directors. Court records show that on 7 November 2025, the directors secured an ex parte order staying the “implementation of the orders made on 30.10.2025”.
The administrators argue this order is flawed and an abuse of court process, as no court order was ever issued on 30 October ; their appointment was an out-of-court action by a secured creditor, and the insolvency case itself only began on 5 November. They are asking the court to review and set aside this order.
In her 14 November ruling, Justice Mongare certified the administrators’ new application as urgent. The interim order protecting the administrators and the company’s assets is now in effect.
The judge directed that the application be served on the debtor company’s representatives, who have been given two days to respond. The complex legal battle for control of Nes Poly Pack Limited is scheduled for a mention for further directions on 18 November 2025.
