Section 31 of Insolvency Act CAP 53: Court may allow one creditor to be substituted for another

(1) A debtor may make an application to the Court for an order adjudging the debtor bankrupt only on the grounds that the debtor is unable to pay the debtor's debts. (2) The Court may decline to deal...

(1) Subject to section 34, on the hearing of a debtor's application, the Court may not make a bankruptcy order if it appears to the Court— (a) that if a bankruptcy order were made the total amount of...

(1) The insolvency practitioner appointed under section 33 shall— (a) inquire into the debtor's financial affairs; and (b) within such period as the Court may specify, submit a report to the Court...

Two or more debtors, who are partners in a business partnership, may make a joint application under section 32.

(1) After a creditor's application has been made, the creditor or any other creditor of the debtor may apply to the Court for an order for the appointment of an authorised insolvency practitioner as...

(1) After the appointment of an interim trustee under section 36, the Court may, on an application made under subsection (2), make additional orders under that section. (2) An application for the...

(1) As soon as practicable after the appointment of an interim trustee, the trustee shall publish a notice of the appointment— (a) in one or more newspapers circulating in Kenya; and (b) in such...

(1) A creditor of the debtor may not issue an execution process under section 23 after notice of the appointment of the interim trustee has been published. (2) A creditor may not continue an...

If execution is stayed under section 39, sections 109, 110, 111, 112, 113, 114 and 116 apply as if the order staying execution were a bankruptcy order.

A bankruptcy under this Act commences on the date and at the time when a bankruptcy order is made in respect of the debtor.

(1) On making a bankruptcy order, the Court shall record the date and time when the order was made. (2) If the debtor is adjudged bankrupt on the application of the debtor, the Official Receiver...

As soon as practicable after the Court has made a bankruptcy order in respect of a debtor, the Registrar of the Court shall forward a copy of the order to the Official Receiver.

(1) As soon as practicable after receiving a copy of a bankruptcy order, the Official Receiver shall nominate a qualified person to be bankruptcy trustee in respect of the debtor's property. (2) In...

If a doubt arises as to whether an act was done, or a transaction entered into or made, before or after the time when a bankruptcy commenced, it is to be presumed, until the contrary is proved, that...

A bankruptcy order becomes binding on the bankrupt and all other persons— (a) on the expiry of the time within which an appeal may be lodged against the order; or (b) if an appeal is lodged in...

(1) The Official Receiver shall establish and maintain a public register of undischarged and discharged bankrupts. (2) The Official Receiver shall maintain the register in accordance with Division 2...

(1) When a bankruptcy order commences— (a) all proceedings to recover the bankrupt's debts are stayed; and (b) the property of the bankrupt (whether in or outside Kenya), and the powers that the...

(1) Within thirty days after receiving notice of a bankruptcy order, the Official Receiver shall serve on the bankrupt a notice— (a) stating that a bankruptcy order has been made in respect of the...

(1) Within fourteen days after being served with the notice in accordance with section 49 (or within such extended period not exceeding sixty days as the Official Receiver may allow), the bankrupt...

(1) A person who in writing claims to be a creditor of the bankrupt is entitled, at all reasonable times (either personally or through an agent— (a) to inspect the statement of the bankrupt's...

(1) The Official Receiver shall, subject to subsection (5), convene the first meeting of the bankrupt's creditors within the prescribed period, unless the Official Receiver decides, in accordance with...

(1) The Official Receiver may decide not to convene a first creditors' meeting if the Official Receiver— (a) has sent to each creditor named in the statement of the bankrupt's financial position, and...

(1) The Official Receiver shall send the following documents with the notice of the first meeting of creditors— (a) a summary of the bankrupt's statement of assets and liabilities; (b) extracts...

(1) If, in the case of a bankruptcy, the Official Receiver has not yet convened a first meeting of creditors, or has decided not to convene such a meeting, any creditor of the bankrupt may request the...

(1) A creditor may not begin or continue an execution process in respect of the bankrupt's property or person for the recovery of a debt provable in the bankruptcy, after the Official...

If a bankrupt dies after being adjudged bankrupt, the bankruptcy continues in all respects as if the bankrupt were still alive.

The role of the creditors in the bankruptcy primarily— (a) to attend meetings of the creditors; (b) to submit proofs of the debts of the bankrupt; and (c) to examine the bankrupt at those...

(1) The power to appoint a person as a bankruptcy trustee in respect of a bankrupt's estate, or to fill a vacancy in such an appointment, is exercisable— (a) except as provided by paragraph (b) or...

(1) If a meeting convened under section 52 or 55 is held but no one is appointed as bankruptcy trustee, the Official Receiver shall decide whether or not there is a need to make such an...

(1) The Official Receiver may, at any time while acting as bankruptcy trustee in respect of a bankrupt's estate under a provision of this Division (other than section 62), appoint another qualified...

(1) If a bankruptcy order is made when there is a supervisor of a summary instalment order approved in relation to the bankrupt under Division 2 of Part IV, the Court may, if it considers it...

(1) A bankruptcy trustee may— (a) with the approval of the creditor's committee, exercise of any of the powers specified in Part 1 of the First Schedule; and (b) without that approval, exercise any...

(1) A bankruptcy trustee may sell property of the bankrupt before the first meeting of creditors only if — (a) it is perishable or is likely to rapidly diminish in value; (b) in that trustee's...

The title of a purchaser of the bankrupt's property from a bankruptcy trustee under a document that is made in the exercise of the bankruptcy trustee's power of sale in the First Schedule may not be...

(1) A bankruptcy trustee shall establish and maintain a bank account in respect of each bankrupt estate administered by that trustee and shall pay into the relevant account all money that that trustee...

(1) A bankruptcy trustee may, if the Court has first approved it, assign a right to sue that is conferred on the bankruptcy trustee by this Act. (2) An application for such an approval may— (a) be...

(1) If a member of a business partnership is adjudged bankrupt, the Court may authorise the bankruptcy trustee to bring proceedings in the names of the bankruptcy trustee and the bankrupt's...

(1) If a person is apprenticed or is an articled clerk to an employer who is adjudged bankrupt, either of them may give notice to the bankruptcy trustee or the Official Receiver requesting that the...

(1) A bankruptcy trustee may apply to the Court for directions on any question concerning the operation of this Part. (2) A bankruptcy trustee who acts under a direction of the Court discharges the...

(1) A person (including the bankrupt or a creditor) whose interests, monetary or otherwise, are detrimentally affected by an act or decision to which this section applies may apply to the Court to...

(1) A bankruptcy trustee shall— (a) keep proper accounting records for each bankruptcy in the form and manner prescribed by the insolvency regulations; and (b) if required by the Court to do so,...

(1) The bankruptcy trustee shall prepare a final statement of receipts and payments that complies with subsection (2)— (a) as soon as practicable after the distribution of the final dividend has been...

(1) If, in relation to a bankruptcy, the Official Receiver is not the bankruptcy trustee, the Official Receiver may from time to time audit— (a) the bankruptcy trustee's accounting records for any...

(1) Except as otherwise provided by this section, a bankruptcy trustee appointed in respect of a bankrupt’s estate may be removed from office only by— (a) an order of the Court; or (b) a creditor's...

(1) If a person has been appointed by the Court to replace the Official Receiver on his or her ceasing to hold office as bankruptcy trustee in respect of a bankrupt's estate, the Official Receiver is...

(1) This section applies when a person other than the Official Receiver ceases hold office as a bankruptcy trustee. (2) If the person has been removed from office by a meeting of the bankrupt’s...

(1) This section applies to a vacancy in the office of bankruptcy trustee that has arisen because— (a) the appointment of a person as bankruptcy trustee has failed to take effect; or (b) when such...

(1) If, in relation to the bankruptcy trustee in respect of a bankrupt's estate, a person (including the bankrupt or a creditor of the bankrupt) is dissatisfied with any act, omission to act or...

(1) Any of the following persons make an application to the Court for an order under this section relating to a bankruptcy trustee's administration of a bankrupt's estate— (a) the Official...

There are two kinds of creditors' meetings— (a) the first meeting of creditors; and (b) subsequent creditors' meetings.