Section 214 of The Companies Act No. 17 of 2015: Effect of order disqualifying person from being a director or secretary

(1) On convicting a person of an offence relating to the promotion, formation,management, liquidation or administration of a company, the court may make a disqualification order against the...

(1) This section applies to holders of the following offices of, or in relation to,a company: (a) an officer of the company; (b) a liquidator or provisional liquidator of the company; (c) if the...

(1) This section applies to offences of which a person is convicted inconsequence of a failure to comply with any provision of this Act or the insolvency related laws requiring— (a) a return,...

(1) A court shall make a disqualification order against a person if satisfied, on an application made to it under section 219— (a) that the person is or has been a director or secretary of a company...

(1) If the Attorney General is satisfied that it would be in the public interest fora disqualification order under section 218 to be made against a person— (a) the Attorney General; or (b) if the...

(1) In the circumstances specified in section 218, the Attorney General may accept a disqualification undertaking by any person that, for a period specified in the undertaking, the person— (a) will...

(1) If, as result of a report of an investigation conducted under Part XXX ,the Attorney General considers that it would be in the public interest for a disqualification order to be made against a...

(1) The relevant court may, on the application of a person who is subject to adisqualification undertaking— (a) reduce the period for which the undertaking is to be in force; and (b) provide for it...

(1) A person who, except with the leave of a court—(a) acts as a director or secretary of a company; and (b) directly or indirectly participates in its promotion, formation or management, while an...

(1) For the purposes of this section, a person is personally responsible for all the relevant debts of a company if at any time— (a) the person is concerned in the management of the company in...

(1) A person may make an application to the Court for a disqualification order only if the person has given the person against whom the order is sought a notice of intention to apply for such an...

(1) If a person is subject to a disqualification order made by the Court, an application for leave for the purposes of section 214(1) may be made only to the Court. (2) If— (a) a person is subject...

(1) The Registrar shall establish and maintain a register of disqualification orders and disqualification undertakings in which the Registrar shall enter all particulars, provided in accordance with...

A person who, while subject to a disqualification order or disqualification undertaking, contravenes the order or undertaking commits an offence and on conviction liable to a fine not exceeding one...

(1) A person who is disqualified under this Part may apply to the Court forpermission to act in a way that would otherwise be a breach of the disqualification. (2) The Attorney General is entitled to...

(1) The regulations may require a statement or notice lodged with the Registrarunder section 16, 135 or 248 that relates (wholly or partly) to a person who is a person subject to a disqualification...

(1) A statement that is lodged with the Registrar in accordance with regulations made for the purpose of section 230 is to be treated as a record relating to a company for the purposes of the...

A person who— (a) fails to comply with a requirement to lodge a statement with regulations made for the purpose of section 230; or (b) lodges with the Registrar such a statement that the person...

(1) For the purposes of this Division, a person is subject to foreign restrictions if, under the law of a country or territory outside Kenya, the person— (a) is, because of misconduct, incompetence...

(1) A person who is subject to foreign restrictions is disqualified from— (a) being a director or secretary of a Kenyan company; or (b) in any way, whether directly or indirectly, being concerned in...

(1) A person who— (a) is a director or secretary of a company registered in Kenya; and (b) is involved in the management of a Kenyan company, is personally responsible for all debts and other...

(1) The Registrar shall establish and maintain a register of foreign restrictionsin which the Registrar shall enter particulars of foreign restrictions relating to a persons who is or may become a...

(1) In any legal proceedings (whether or not under this Act), any statement made in compliance or purported compliance with a requirement imposed by or under this Part or the Fourth Schedule, or by or...

(1) In this Part, "derivative claim" means proceedings by a member of a company— (a) in respect of a cause of action vested in the company; and (b) seeking relief on behalf of the company. (2) A...

(1) In order to continue a derivative claim brought under this Part by a member,the member has to apply to the Court for permission to continue it. (2) If satisfied that the application and the...

(1) If— (a) a company has brought a claim; and (b) the cause of action on which the claim is based could be pursued as a derivative claim under this Part, a member of the company may apply to the...

(1) If a member of a company applies for permission under section 239 or 240,the Court shall refuse permission if satisfied— (a) that a person acting in accordance with section 144 would not seek to...

(1) If a derivative claim— (a) has been brought by a member of a company; (b) was brought by a company and is continued by a member of the company as a derivative claim; or (c) has been continued...

(1) A private company is required to have a secretary only if it has a paid up capital of five million shillings or more. (2) If a private company does not have a secretary— (a) anything authorised...

Every public company is required to have at least one secretary.

(1) If satisfied that a public company is failing to comply with section 244, the Registrar may give the company a direction under this section. (2) The Registrar shall state in the direction that...

(1) The directors of a public company shall take all reasonable steps to ensurethat the secretary or each joint secretary of the company— (a) is a person who has the requisite knowledge and...

If, in the case of a public company, the office of secretary is vacant, or for any other reason there is no secretary capable of acting, anything required or authorised to be done by or to the...

(1) A public company shall keep a register of its secretaries. (2) The company shall ensure that its register of secretaries— (a) contains the required particulars of the person who is, or persons...

(1) A public company shall, within fourteen days after— (a) a person is appointed to be its secretary or one of its joint secretaries; (b) ceases to be appointed as such; or c) any change occurs...

(1) If the secretary of a public company is a natural person, the company shallensure that its register of secretaries contains the following particulars: (a) the name and any former name of the...

(1) If the secretary of a public company is a company or a firm, the companyshall ensure that its register of secretaries contains the following particulars— (a) the name of the company or the...

A person who knowingly or recklessly authorises or permits the inclusion of misleading, false or deceptive particulars in a register of secretaries commits an offence and is liable on conviction to...

(1) If a public company fails to comply with a requirement of section 250 or 251,the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to...

A provision requiring or authorising a thing to be done by or to a director and the secretary of a public company is not satisfied by its being done by or to the same person acting both as director...

(1) A resolution of the members, or of a class of members of a private companymay be passed either— (a) as a written resolution; or (b) at a meeting of the members. (2) A resolution of the members...

(1) A resolution is an ordinary resolution of the members (or of a class ofmembers) of a company if it is passed by a simple majority. (2) A written resolution is passed by a simple majority if it is...

(1) A resolution is a special resolution of the members (or of a class of members) of a company if it passed by a majority of not less than seventy-five percent. (2) A written resolution is passed by...

(1) When a vote on a written resolution put to the members of a company is taken, then— (a) if the company has a share capital — each member has one vote for each share, or each one hundred shillings...

(1) If a member entitled to vote on a resolution has appointed one proxy only,and the company’s articles provide that the proxy has fewer votes in a vote on a resolution on a show of hands taken at a...

(1) If two or more persons hold a share jointly, only the vote of the senior holderwho votes and any proxies duly authorised by that holder are eligible for counting by the company. (2) For the...

If a person who was not entitled to vote on a resolution of a company purports to vote on the resolution and the company's articles provide that objections to the entitlement of the person to vote are...

(1) For the purpose of this Division, a resolution is a written resolution of aprivate company if it is proposed and passed by the company in accordance with this Division. (2) The following may not...

(1) In relation to a resolution proposed as a written resolution of a privatecompany, the eligible members are the members who would have been entitled to vote on the resolution on the circulation...

A reference in this Part to the circulation date of a written resolution is to the date on which copies of the written resolution are sent or delivered to members or, if copies are sent or delivered...