Section 765 of The Companies Act No. 17 of 2015: Terms of liability limitation agreement

(1) A liability limitation agreement is authorised by the members of the company only if it has been authorised under this section and that authorisation has not been withdrawn. (2) A private company...

(1) A liability limitation agreement is not effective to limit the auditor’s liability toless than such amount as is fair and reasonable having regard to— (a) the auditor's responsibilities under...

(1) A company that has entered into a limited liability agreement shall disclosedetails of the agreement— (a) in the case of a company that prepares an individual financial statement—in notes to the...

(1) The directors of a quoted company shall ensure that the company has anaudit committee appointed by the shareholders of a size and capability appropriate for the business conducted by the...

(1) The audit committee of a quoted company shall— (a) set out the corporate governance principles that are appropriate for the nature and scope of the company's business; (b) establish policies and...

The purpose of this Part is to ensure— (a) persons who are properly supervised and appropriately qualified are appointed as statutory auditors; and (b) that audits by persons so appointed are...

A natural person or firm is eligible for appointment as an auditor only if the person, or each partners of the firm— (a) is the holder of a practicing certificate issued under section 21 of the...

(1) A person shall not act as a statutory auditor of a company, or of a body of a kind prescribed by the regulations for the purposes of this section, unless the person is eligible for appointment as...

(1) A person may not act as statutory auditor of an audited company if the person is— (a) an officer or employee of the audited company; (b) a partner or employee of the audited company, or a...

(1) If, at any time during the statutory auditor’s term of office, the auditor becomes prohibited from acting as such by section 774(1), the auditor shall immediately— (a) resign from office;...

(1) If a partnership is appointed as statutory auditor of an audited person, the appointment is, unless a contrary intention appears, an appointment of the partnership as such and not of the...

A person holds an appropriate qualification for the purposes of this Part if the person holds a practising certificate issued under section 21 of the Accountants Act (No. 15 of 2008).

(1) The Cabinet Secretary may, on the recommendation of the Institute of Certified Public Accountants of Kenya, by notice published in the Gazette, declare that persons of the following classes are to...

(1) The Cabinet Secretary may, by notice, require a person eligible forappointment as a statutory auditor to provide such information as that Secretary may reasonably require for the purposes of this...

(1) A member of a company may apply to the Court by application for an order under section 782 on the ground— (a) that the company's affairs are being or have been conducted in a manner that is...

(1) This section applies to a company in respect of which— (a) the Attorney General has received an inspector's report under Part XXX; (b) the Attorney General has exercised the powers under section...

(1) If, on the hearing of an application made in relation to a company undersection 780 or 781, the Court finds the grounds on which the application is made to be substantiated, it may make such...

(1) If an order of the Court made under section 782— (a) alters the company's constitution; or (b) authorises or directs the company to make any, or any specified, alterations to its constitution,...

(1) This section applies to an order made by the Court under section 782 that alters a company’s constitution. (2) If the order amends—(a) a company's articles; or (b) any resolution or agreement to...

(1) In this Part— (a) a reference to an officer or agent includes a former officer or agent; (b) "agent", in relation to a company or other body corporate, includes a banker or advocate of the...

(1) The Court may appoint one or more competent inspectors to investigatethe affairs of a company and to report on those affairs in such manner as the Court directs— (a) in the case of a company...

(1) The Court shall appoint one or more competent inspectors to investigate the affairs of a company and to report on those affairs in such manner as the Court directs if the company by special...

An inspector appointed to investigate the affairs of a company may also investigate the affairs of another body corporate that is related to the company if the inspector considers that the results of...

(1) In conducting an investigation under this Division, an inspector shall comply with any direction given by the Court under this section. (2) The Court may give an inspector appointed under section...

(1) The Court may direct an inspector appointed under section 786 and 787(1) to take no further action in conducting the investigation if— (a) matters have come to light in the course of the...

(1) An inspector appointed under section 786 or 787 may resign by notice givento the Court. (2) The Court may revoke the appointment of an inspector by notice given to the inspector.

(1) If an inspector appointed by the Court to conduct an investigation resigns ordies, or the inspector’s appointment is revoked by the Court, the Court may appoint an inspector to continue the...

(1) Every officer and agent of a company in relation to which an inspector has been appointed under section 786 or 787 and, if the investigation extends to a body corporate related to the company,...

(1) If an officer or agent of the company or other body corporate— (a) refuses to produce to an inspector a document that the inspector has, under section 793, required the officer or agent to...

(1) If an inspector appointed under section 786 or 787 believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so...

(1) This section applies to a person who has been appointed as an inspector under section 786 or 787, but— (a) who has since resigned; or whose appointment has since been revoked. (2) This section...

(1) An inspector appointed by the Court— (a) may (and if so directed by the Court, shall) make interim reports to the Court about the progress of the investigation; and (b) as soon as practicable...

(1) If it appears to the Court that a person has, in relation to the company or to any other body corporate whose affairs have been investigated committed an offence for which the person is criminally...

(1) The expenses of and incidental to an investigation by inspectors appointed by the Court are in the first instance to be met by the Attorney General, but the persons referred to in subsections (2)...

(1) If satisfied that there are reasonable grounds for doing so, the Attorney General shall appoint one or more competent inspectors to investigate and report on the membership of a company for the...

An inspector appointed by the Attorney General may also investigate the ownership of another body corporate that is related to the company if the inspector considers that the results of the...

(1) In conducting an investigation under this Division, an inspector shall comply with a direction given to the inspector by the Attorney-General under this section. (2) The Attorney General may give...

(1) The Attorney General may direct an inspector appointed by the Attorney General to conduct an investigation to take no further action in the investigation. (2) The Attorney General may give a...

(1) An inspector appointed by the Attorney General may resign by notice givento the Attorney General. (2) The Attorney General may revoke the appointment of an inspector by notice given to the...

(1) If an inspector appointed by the Attorney General resigns or dies or theinspector’s appointment is revoked, the Attorney General may appoint one or more competent inspectors to continue the...

(1) This section applies to— (a) each officer and agent of the company in relation to which the inspector has been appointed by the Attorney General and, if the investigation extends to a body...

(1) If a person to whom section 806 applies— (a) refuses to produce to an inspector a document that the inspector has, under that section, required the person to produce; or (b) refuses to answer a...

(1) If an inspector appointed by the Attorney General believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined,...

(1) An inspector appointed by the Attorney General— (a) may (and if so directed by the Attorney General, shall) make interim reports to the Attorney General about the progress of the investigation;...

(1) If it appears to the Attorney General that a person has, in relation to the company or to any other body corporate whose affairs have been investigated under this Division, committed an offence...

(1) If satisfied that there is good reason to investigate the ownership of securities of a company and that is unnecessary to appoint an inspector for the purpose, the Attorney General may require any...

(1) On being satisfied, in relation to an investigation under either section 800 or 811, that there is difficulty in ascertaining the relevant facts about particular securities (whether issued or to...

(1) A copy of any report of an inspector appointed under this Part, certified bythe Attorney General to be a true copy, is admissible in all legal proceedings as evidence of the opinion of the...

(1) If, from a report made under section 797 or 809, the Attorney Generalconsiders that proceedings ought, in the public interest, to be brought by a body corporate named in the report— (a) for the...

(1) On an application made on oath given by or on behalf of an inspector appointed by the Court or by the Attorney-General, a magistrate may issue a warrant under this section if satisfied that there...