(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; an…
(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 fo…
(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 b…
(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 inspect…
(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 re…
(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…
(1) A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence. (2) A relevant disclosure is a disclosu…
(1) This section applies to information obtained— (a) as a result of a requirement imposed under section 811; or (b) by means of a relevant disclosure under section 816. (2) Information to which this…
(1) An officer of a company who— (a) destroys, mutilates or falsifies, or is complicit in the destruction, mutilation or falsification of a document affecting, or relating to the company's property or…
A person who, in purported compliance with a requirement under section 811 to provide information— (a) provides information that the person knows to be false in a material particular; or (b) recklessl…
(1) This section applies to information obtained under Division 1 or 2. (2) The Attorney General may— (a) disclose information to which this section applies to any person to whom, or for any purpose f…
(1) Nothing in this Part compels a person to disclose to the Attorney General or to an inspector appointed under this Part information in respect of which in an action in the Court a claim to legal pr…
(1) An answer given by a person to a question put to the person by the inspectorfor the purposes of an investigation conducted under this Part can be used in evidence in legal proceedings against the…
(1) This Part applies to a foreign company that is carrying on business, or hasat any time carried on business, in Kenya except provided by subsection (2). (2) Section 787 and section 800 to 811 do no…
(1) If an offence under this Part is committed by a body corporate, each officer of the body who is in default also commits an offence and on conviction is liable to a fine not exceeding that which co…
(1) The following restrictions apply to securities that are subject to an order made by the Attorney General under section 812 or an order of the Court made under 827— (a) any transfer of the securiti…
(1) Subject to the terms of any directions given, or any conditions imposed, under section 812 or 827, a person who— (a) exercises, or purports to exercise, a right to dispose of securities that, to t…
(1) If an order makes securities of a company subject to the restrictions contained in this Division, any person claiming to be aggrieved by the order may apply to the Court for an order under subsect…
(1) If securities are sold in accordance with an order of the Court made undersection 828, the seller of the securities shall pay the proceeds of sale (less the costs of the sale) into Court for the b…
Except as otherwise expressly provided by this Part, this Part applies in relation to the lodgement of a document with, or the provision of information to, the Registrar in electronic form as it appli…
This Part applies to foreign companies except in so far as the context otherwise requires and a reference in this Part to a company includes a foreign company.
(1) There is established the Office of the Registrar of Companies. (2) If the office of Registrar becomes vacant, the Cabinet Secretary shall appoint a suitably qualified person to fill the vacancy. (…
(1) The Register of Companies referred to in section 3 of the repealed Act is continued. (2) The Registrar continues to be responsible for keeping the Register of Companies. (3) The Register comprises…
The Registrar is required to have an official seal for the authentication of documents in connection with the performance of the Registrar’s functions.
(1) The regulations may require the payment to the Registrar of fees in respect of— (a) the performance of any of the Registrar's functions; or (b) the provision by the Registrar of services or facili…
(1) The Registrar shall publish in the Gazette or in accordance with section 875, notice of the issue by the Registrar of every certificate of incorporation issued to a company on its incorporation or…
(1) The Registrar shall, if requested to do so by a person and on paymentof the prescribed fee (if any), provide the person with a copy of a certificate of incorporation of any specified company. (2)…
(1) The Registrar shall allocate to every company a registered number, to becalled the company’s registered number that complies with subsection (2). (2) A company's registered number complies with th…
(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number. (2) The Registrar shall ensure that the number allocat…
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other Act. (2) In…
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means. (2) A requirement to l…
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for registration— (a)…
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it. (2) The Registrar's Rules may make specific provision as…
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section 83…
(1) A document that is lodged with the Registrar for registration may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent. (2) The power of the Reg…
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement. (2) The Registrar may accept a replacement document only if…
(1) For the purpose of this section, information is unnecessary if it— (a) is not required in order to comply with an obligation imposed by or under this or any other Act; and (b) is not specifically…
(1) This section applies if a document lodged with the Registrar for registration — (a) does not meet the requirements for proper lodgement; and (b) is not corrected under section 844, or replaced und…
(1) The Registrar shall note in the Register- (a) the date on which a document is lodged with the Registrar for registration; (b) if a document is corrected under section 844 — the nature and date of…
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who— (a) is a director of a company; (b) is secretary,…
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged. (2) After the end of…
(1) At any time after the expiry of two years from the date on which— (a) a company has been dissolved; or (b) a foreign company has ceased to be registered as such in Kenya, the Registrar may arrange…
(1) Every member of the public has the right to inspect the Register. (2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the…
(1) Any member of the public may apply to the Registrar for a copy of anyrecord that forms part of the Register or the Foreign Companies Register. (2) On receiving such an application, the Registrar s…
(1) The Registrar may not make available for public inspection— (a) the contents of a document sent to the Registrar containing views expressed in accordance with section 51; (b) protected information…
(1) The Registrar is, on an application made in accordance with the regulations referred to in subsection (2), required to make an address on the Register unavailable for public inspection. (2) The re…
The Registrar may specify the form and manner in which application is to be made for— (a) an inspection under section 852; or (b) a copy under section 853.
The Registrar may determine the form and manner in which copies are to be provided under section 854.
