The Companies Act No. 17 of 2015Section 733 of The Companies Act No. 17 of 2015: Auditor's rights to information: offences
(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 statement is false or misleading in a material respect; or
(b) recklessly without caring whether the statement is true or false, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years, or to both.
(2) A person who fails to comply with a requirement under section 732 commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.
(3) In proceedings for an offence under subsection (2), it is a defence for the person charged with the offence to establish on a balance of probabilities that it was not reasonably practicable for that person to provide the required information or explanations.
(4) If a parent company fails to comply with section 732, the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.
(5) Nothing in this section affects a right of an auditor to apply for a compliance order to enforce any of the auditor's rights under section 731 or 732.
Check the current authoritative text and amendment history before relying on this provision.
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