Court issues Warrant of Attachment against Bank of Baroda as KSh 2.996 billion judgment becomes due and payable
NAIROBI, KENYA — 15 September 2026
The High Court of Kenya has ordered Bank of Baroda (Kenya) Limited to pay KSh 2.996 billion to Infinity Industrial Park Limited, with the Court subsequently issuing a Warrant of Attachment against the Bank’s movable assets in enforcement of the judgment.
The judgment is contained in a sealed High Court Decree in HCCOMM/E322/2024 — Infinity Industrial Park Limited v Bank of Baroda (Kenya) Limited, issued by the Milimani High Court, Commercial and Tax Division.
The Decree expressly states:
«“THAT judgment is hereby entered for Special Damages of Kshs. 2.996 Billion.”»
The Decree was formally issued under the seal of the High Court on 14 September 2026.
COURT ISSUES WARRANT TO ATTACH BANK OF BARODA’S MOVABLE ASSETS
Just one day after the Decree was sealed, the High Court issued a Warrant of Attachment dated 15 September 2026, moving the matter from judgment into the execution stage.
The Warrant identifies Bank of Baroda (Kenya) Limited as the Judgment Debtor and Infinity Industrial Park Limited as the party in whose favour the decree was issued.
Significantly, the Court records the decretal amount at KSh 2,996,000,000, together with further costs and collection fees, bringing the amount stated in the Warrant to KSh 2,996,003,000.
The Warrant expressly records that this amount is “now due and payable.”
The High Court has commanded Moran Auctioneers, Nairobi, to attach movable property belonging to Bank of Baroda unless the Judgment Debtor pays the amount together with the costs of attachment.
The Warrant further provides for the attached property to be sold by public auction, following the prescribed notice and proclamation process, to the extent necessary to satisfy the outstanding decretal amount and costs.
The Warrant was issued under the seal of the High Court on 15 September 2026.
A DISPUTE INFINITY SAYS COULD HAVE BEEN AVOIDED
The dramatic enforcement proceedings come after what Infinity Industrial Park describes as years of attempts to find a commercial solution with Bank of Baroda.
According to Infinity, the company repeatedly approached the Bank seeking restructuring of its facilities and partial discharge of portions of its approximately 200-acre industrial property charged to the Bank.
Infinity’s position was that releasing limited portions of the security would enable the company to sell or develop those portions, generate substantial cash and apply the proceeds towards reducing the Bank’s debt.
The company says these requests were rejected
INFINITY OFFERED KSh 250 MILLION IN DECEMBER 2025
Infinity says that in December 2025, it went further and made a concrete proposal to Bank of Baroda.
The company offered to pay approximately KSh 250 million against the partial discharge of approximately 10 acres of the charged property.
According to Infinity, the proposal was intended to immediately reduce the outstanding debt and help regularise the account after its classification as a Non-Performing Asset (NPA).
Infinity says the proposal was rejected by Bank of Baroda.
The company maintains that the proposed partial discharge would not have amounted to walking away from its debt. On the contrary, Infinity says its objective was to unlock the commercial value of part of the property specifically to generate funds to reduce the Bank’s exposure.
INVESTORS READY TO PAY TOWARDS BANK DEBT
Infinity further says that it repeatedly informed Bank of Baroda that prospective investors were available and willing to inject substantial funds towards settlement of the outstanding banking facilities.
The company requested the Bank to provide a definitive full and final settlement figure, including consideration of a waiver of penal interest and related charges, so that investor funds could be deployed towards resolving the debt.
According to Infinity, recently in 5th August 2026 after getting rulling on 31st July its management sought meetings and negotiations with the Bank with the objective of avoiding prolonged litigation and reaching a commercially acceptable settlement.
Infinity says these efforts also was ot accepted by present MD Bhardwaj
BANK’S APPLICATION TO SET ASIDE DEFAULT JUDGMENT DISMISSED
The dispute reached a critical stage on 31 July 2026, when the High Court dismissed Bank of Baroda’s application seeking to set aside the default judgment obtained by Infinity Industrial Park.
The dismissal left the default judgment standing.
Infinity maintains that despite this ruling and its continuing efforts to reach a commercial settlement, Bank of Baroda proceeded shortly thereafter to appoint Joint Administrators over Infinity Industrial Park in August 2026.
Infinity challenged the administration in Court and has characterised the Bank’s decision to appoint administrators shortly after losing its set-aside application as malicious and inconsistent with Infinity’s interpretation of the subsisting court orders.
That allegation represents Infinity Industrial Park’s strong position in the ongoing litigation.
BANK OF BARODA CHANGES LAWYERS AGAIN
The latest developments have also coincided with another change in Bank of Baroda’s legal representation.
According to information communicated to Infinity by its advocates, Archer & Wilcock Advocates has now come on record for Bank of Baroda following a Notice of Change of Advocates and Consent.
The change follows the withdrawal of Advocate Musyoka Murambi, who had represented the Bank during an important phase of the dispute.
Bank of Baroda had earlier been represented by Tayabjee & Bhalla Advocates during the proceedings preceding the default judgment.
A defence was not filed within the relevant process, resulting in Infinity obtaining default judgment. Bank of Baroda subsequently attempted to have that judgment set aside, but its application was ultimately dismissed by the High Court on 31 July 2026.
The latest appointment of Archer & Wilcock therefore represents another change in the Bank’s legal team as the dispute moves into the execution stage.
KSh 2.996 BILLION JUDGMENT FORMALLY ENTERED
Following subsequent proceedings, Infinity Industrial Park withdrew the other identified prayers in its suit, leaving its claim under Prayer VIII for Special Damages of KSh 2.996 billion.
The matter came before Hon. Mr. Justice Peter Mulwa on 1 September 2026.
The Court entered judgment for the special damages.
The sealed Decree now formally records:
«“THAT judgment is hereby entered for Special Damages of Kshs. 2.996 Billion.”»
The Decree was sealed on 14 September 2026.
EXECUTION NOW UNDERWAY
The issuance of the Warrant of Attachment on 15 September 2026 represents the most consequential enforcement development since the judgment.
The Warrant states that the amount under the Decree is now due and payable and directs attachment of Bank of Baroda’s movable property unless payment is made.
The Court has further authorised the auction process, subject to the applicable notice and proclamation requirements, for sufficient attached property to realise the outstanding decree and costs.
The Warrant requires the auctioneer to return it to the Court on or before 15 October 2026, with an endorsement explaining how it was executed or, if it was not executed, the reason why.
According to Infinity’s advocates, as at their latest review of the Court Tracking System, no application for stay of execution had been received from Bank of Baroda.
The Bank retains whatever procedural rights are available to it under Kenyan law, including the ability to seek appropriate relief from the Court. Unless execution is stayed or otherwise restrained by a subsequent court order, however, the Warrant authorises the execution process to proceed.
FROM DEBT NEGOTIATIONS TO A KSh 2.996 BILLION EXECUTION
The dispute has therefore undergone a remarkable reversal.
Infinity says it had repeatedly approached Bank of Baroda seeking restructuring, partial discharge of its property and an investor-funded settlement intended to reduce the company’s indebtedness.
It says a KSh 250 million partial-discharge proposal was rejected and that subsequent attempts to obtain a negotiated full and final settlement figure also failed.
The parties eventually found themselves in prolonged litigation.
Bank of Baroda’s attempt to set aside Infinity’s default judgment was dismissed.
The High Court subsequently entered judgment for KSh 2.996 billion in special damages.
A sealed Decree followed.
And now, the High Court has issued a Warrant of Attachment against Bank of Baroda, recording more than KSh 2.996 billion as due and payable and authorising attachment of the Bank’s movable assets in satisfaction of the judgment.
