(1) If at the end of the period referred to in section 696(2), or such extended period as the Cabinet Secretary may allow, it appears to that Secretary that the directors have not— (a) given a satisfa…
(1) The Cabinet Secretary may, in writing, authorise for the purposes of section697 any person who appears to the Cabinet Secretary— (a) to have an interest in, and to have satisfactory procedures dir…
(1) The Kenya Revenue Authority may disclose information to the Cabinet Secretary or a person authorised under section 698 for the purpose of facilitating— (a) the taking of steps by that person to di…
(1) This section applies if it appears to the Cabinet Secretary or a person who is authorised under section 698 that there is, or may be, a question whether a company’s annual financial statement or a…
(1) This section applies to information obtained in accordance with a requirement or order under section 700 that relates to the private affairs of a natural person or to any particular business. (2)…
(1) The prohibition in section 701 against disclosing information obtained in accordance with a requirement or order under section 700 that relates to the private affairs of a natural person or to any…
(1) This section applies to the following documents—a directors’ report; a directors’ remuneration report; and a summary financial statement so far as it is derived from either of those reports. (2) A…
The regulations may provide for all or any of the following— (a) the financial statements that companies are required by this Act to prepare; (b) the categories of companies required to prepare financ…
(1) Every company shall submit to the Registrar successive annual returnseach of which is made up to a date not later than the date that is from time to time the company’s return date. (2) The company…
(1) A company shall ensure that its annual return states the date to which it is made up and contains the following information— (a) the address of the company's registered office and, if a Post Offic…
(1) A company having a share capital shall include in its annual return—(a) a statement of capital; and (b) the particulars required by subsections (3) to (6) about the members of the company. (2) The…
(1) If a company fails to lodge an annual return as required by section 705(1) orlodges an annual return that does not comply with section 705(3), the company, and each officer of the company who is i…
(1) The directors of a company shall ensure that the company’s annual financial statements for a financial year are audited in accordance with this Part unless the company— (a) is exempt from audit un…
(1) The members of a company that would otherwise be entitled to exemptionfrom audit under any of the provisions referred to in section 709(1)(a) may by notice under this section require it to obtain…
(1) A company that complies with the conditions of subsection (2) in respect of a financial year is exempt from the requirements of this Act relating to the audit of accounts for that year. (2) The co…
A company is not entitled to the exemption conferred by section 711 if it was a public company, or carried on a banking or insurance business, at any time within the relevant financial year.
(1) A company is not entitled to the exemption conferred by section 711 in respect of a financial year during any part of which it was a group company unless— (a) the conditions specified in subsectio…
(1) A company is exempt from the requirements of this Act relating to the auditof financial statements in respect of a financial year if— (a) it has been dormant since its formation; or (b) it has bee…
A company is not entitled to the exemption conferred by section 714 if it was at any time within the relevant financial year a company that was— (a) an insurance company, a banking company or an e-mon…
(1) The requirements of this Part as to audit of financial statements do not apply to a company for a financial year if it is non-profit making and its financial statements are subject to audit by the…
(1) A private company shall appoint an auditor or auditors for each financial year of the company, unless the directors resolve that an audited financial statement is unlikely to be required. (2) For…
(1) If a private company has failed to appoint an auditor within the period forappointing auditors, the company shall, within seven days after the end of that period, notify the Registrar of the failu…
(1) An auditor or auditors of a private company hold office in accordance with the terms of their appointment, subject to the requirements that— (a) they do not take office until any previous auditor…
(1) An auditor of a private company is not taken to be re–appointed by theoperation of section 719(2) if the company has received notices under this section from members who hold at least the requisit…
(1) A public company is required to have an auditor or auditors for each financial year of the company, unless the directors reasonably resolve otherwise on the ground that an audited financial statem…
(1) If an auditor or auditors have not been appointed for a public company within the period for appointing auditors, the company shall, within seven days after the end of that period, notify the Cabi…
(1) The auditor or auditors of a public company hold office in accordance withthe terms of their appointment, subject to the requirements that— (a) they do not take office until the previous auditor o…
(1) If an auditor is appointed by the members of a company, the membersshall fix the auditor’s remuneration, either by ordinary resolution or in such as the members may, by ordinary resolution, determ…
(1) A company shall disclose the terms on which the company’s auditor is appointed, remunerated or is required to carry out his or her responsibilities. (2) In making a disclosure under subsection (1)…
The Cabinet Secretary shall ensure that the regulations provide for safeguarding the disclosure of the nature of any services provided for a company by the company’s auditor, whether in the auditor’s…
(1) An auditor shall make a report to the members of the company on all annualfinancial statements of the company of which copies are, during the auditor’s tenure of office— (a) in the case of a priva…
The auditor shall state in the auditor’s report on the company’s annual financial statement whether in the auditor’s opinion the information given in the directors’ report for the financial year for w…
(1) In reporting on the annual financial statement of a quoted company, theauditor shall— (a) report to the company’s members on the auditable part of the directors’ remuneration report; and (b) state…
(1) In reporting on the annual financial statement of a company, the company’s auditor shall carry out such investigations as will enable the auditor to form an opinion— (a) whether adequate accountin…
(1) An auditor of a company— (a) has a right of access at all times to the company's accounting records and financial statements, in whatever form they are held; and (b) may require any of the followi…
(1) If a parent company has a subsidiary undertaking that is not a body corporate incorporated in Kenya, the auditor of the parent company may require it to obtain information or explanations for the…
(1) A person who makes a statement, whether oral or written containing information or explanations that the auditor requires, or is entitled to require, under section 731— (a) knowing that the stateme…
(1) In relation to a written resolution proposed to be agreed to by a privatecompany, the company’s auditor is entitled to receive all such communications relating to the resolution as are required to…
(1) Subject to subsection (2), an auditor shall— (a) sign and date the auditor's report; and (b) ensure that the auditor's name is prominently displayed in the report. (2) If the auditor is a firm, th…
(1) A company shall not publish a copy of an auditor’s report that relates to thecompany unless the copy— (a) state the name of the auditor and, if the auditor is a firm, the name of the person who si…
(1) The auditor’s name and, if the auditor is a firm, the name of the person whosigned the report as senior statutory auditor, may be omitted from— (a) published copies of the report; and (b) the copy…
(1) This section applies— (a) if the auditor is a natural person — to that person and any employee or agent of that person who is eligible for appointment as auditor of the company; and (b) if the aud…
(1) The members of a company may remove an auditor from office at any time. (2) The power to remove an auditor under subsection (1) is exercisable only(a) by ordinary resolution at a meeting; and (b)…
(1) Special notice is required for a resolution at a general meeting of a company removing an auditor from office. (2) On receipt of notice of such an intended resolution, the company shall immediatel…
(1) Within fourteen days after a resolution is passed in accordance with section739, the company shall lodge a copy of the resolution with the Registrar for registration. (2) If a company fails to lod…
A person who has been removed from office as auditor by resolution under 739 has the same rights in relation to a general meeting of the company— (a) at which the person's term of office would otherwi…
(1) In this section, “outgoing auditor”, in relation to a private company, means the auditor of the company whose term of office ended, or is to end, at the end of the period for appointing auditors.…
(1) In this section, “outgoing auditor”— (a) in relation to a private company—means the auditor of the company whose term of office ended, or is to end, at the end of the period for appointing auditor…
(1) An auditor of a company may resign from office by lodging a notice to thateffect at the registered office of the company. (2) The notice is not effective unless it is accompanied by the statementr…
(1) Within fourteen days after an auditor of a company has resigned, the company shall lodge with the Registrar for registration a copy of the notice of resignation. (2) If a company fails to lodge wi…
