Section 73 of Insolvency Act CAP 53: Bankruptcy trustee’s final statement of receipts and payments

(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.

(1) The bankruptcy trustee may at any time convene a meeting of creditors after the first meeting of creditors. (2) The bankruptcy trustee shall convene such a meeting if— (a) requested to do so by a...

A meeting of creditors convened by notice to creditors, and a resolution passed at the meeting, is valid even if some creditors may not have received the notice, unless the Court orders otherwise.

(1) The Chairperson of a creditors' meeting is the bankruptcy trustee or a person appointed by the bankruptcy trustee to be the Chairperson. (2) However, if neither the bankruptcy trustee nor the...

The Chairperson of a creditors' meeting may adjourn the meeting from time to time and place to place.

If the bankruptcy trustee attends a creditors' meeting or an adjournment of the meeting, the bankruptcy trustee shall— (a) report on the administration of the bankrupt's estate; (b) give any...

(1) A person may attend a creditors' meeting— (a) by being physically present at the time, date and place appointed for the meeting; or (b) if the bankruptcy trustee makes it available, by means of...

(1) The bankrupt shall, if required by the bankruptcy trustee, attend all creditors' meetings by being physically present or present by an audio or audio-visual link. (2) The following persons may...

A person who is not a creditor of the bankrupt may attend a creditors' meeting with the consent of— (a) the bankruptcy trustee; or (b) the creditors attending the meeting, voting by ordinary...

(1) The bankruptcy trustee shall ensure that minutes are kept of each creditors' meeting. (2) The minutes are invalid unless signed by the bankruptcy trustee or the Chairperson of the...

(1) A creditors' meeting is not valid unless at least the following persons attend— (a) the bankruptcy trustee or a person who represents the bankruptcy trustee; (b) a creditor or a person who...

(1) Any of the following persons may represent a creditor at a creditors' meeting— (a) an advocate; (b) a certified public accountant; (c) a person who keeps the creditor's or bankrupt's accounting...

(1) At a creditors' meeting— (a) an ordinary resolution is passed if a majority in number and value of the creditors, or their proxies, who attend and who vote on the resolution vote in favour of it;...

(1) A creditor who is entitled to vote at a creditors' meeting may vote on a resolution to be put to the meeting— (a) by postal vote; or (b) by electronic vote, if the voting paper for the...

Creditors of the bankrupt who are entitled to vote, or their representatives, may vote at a creditors' meeting, but this rule is subject to sections 96 to 98.

A debt that is secured only entitles the creditor to vote at a creditors' meeting if the creditor has— (a) surrendered the charge; (b) valued the charge; or (c) realised the charge.

(1) A debt on, or secured by, a current bill of exchange or promissory note entitles the creditor to vote only if the creditor is willing to take the following steps— (a) to treat a qualifying...

(1) A person is not entitled to vote in favour of a resolution that would, if passed, directly or indirectly enable that person or any of the following persons to receive remuneration from the...

The bankruptcy of a partner of a firm who is indebted to a creditor jointly with one or more of the other partners entitles the creditor to prove the debt for the purpose of voting at any creditors'...

(1) A creditors' meeting may pass an ordinary resolution— (a) appointing an expert to assist the bankruptcy trustee in the administration of the bankrupt's estate; and (b) providing for the expert's...

A creditor who has lodged a creditor's claim, or an advocate or a certified public accountant who is acting for the creditor, is entitled at any reasonable time to inspect or take copies of— (a) the...

(1) A general meeting of the creditors of a bankrupt may establish a creditors' committee to perform the functions conferred on it by or under this Part. (2) A general meeting of the creditors of a...

(1) A creditors' committee may not perform its functions if at any time the Official Receiver is bankruptcy trustee in respect of the bankrupt's estate. (2) If, in the case of a bankruptcy, no...

(1) Until the bankrupt is discharged— (a) all property (whether in or outside Kenya) that the bankrupt acquires or that passes to the bankrupt vests in the bankruptcy trustee without that trustee...

If the bankruptcy trustee is replaced, the property and powers vested in the former bankruptcy trustee under this Act vest in the replacement bankruptcy trustee.

Property held by the bankrupt in trust for another person vests in the bankruptcy trustee, who shall assume control of the property and deal with it for the benefit of the beneficiaries of the trust.

(1) If a bankruptcy trustee considers it necessary to do so, the bankruptcy trustee may apply to the Court for an order under subsection (2). (2) On the hearing of an application made under...

The bankruptcy trustee shall apply the following payments in accordance with the Second Schedule (Priority of payments to preferential creditors— (a) any amount paid by the bankrupt under section...

(1) This section applies if a bankruptcy order has been made in respect of a debtor but, before the order was made, a creditor has— (a) issued execution against the debtor's property; or (b) attached...

(1) This section applies if a judicial enforcement officer who has taken the property of a debtor in execution is served with notice of the debtor's bankruptcy— (a) before the property is sold;...

(1) This section applies if, under execution of a judgment for an amount exceeding ten thousand shillings, the judicial enforcement officer— (a) sells property of the debtor; or (b) is paid money in...

On the sale by the judicial enforcement officer of a debtor's property on which execution has been levied, the purchaser, if acting in good faith, acquires a good title to the property as against the...

(1) An execution creditor may make an application to the Court for an order setting aside the rights of the bankruptcy trustee under section 110 or 111. (2) On the hearing of an application made...

(1) This section applies to a transaction between a person and the bankrupt in relation to property that the bankrupt has acquired, or that has passed to the bankrupt, after the bankruptcy has...

If a bankrupt acquires property, or property passes to a bankrupt, after the bankruptcy has commenced, an execution or attachment against the property is valid as against the bankruptcy trustee if it—...

For the purposes of sections 109 and 115— (a) an execution against goods is completed by seizure and sale; (b) an attachment of a debt is completed by receipt of the debt; and (c) an execution...

If the bankruptcy trustee's interest in property is acquired by or passes to a bankrupt after bankruptcy has commenced— (a) the bankruptcy trustee's interest in the property ends; and (b) that...

(1) The bankruptcy trustee may disclaim onerous property, subject to section 121. (2) Subsection (1) applies even if the bankruptcy trustee has taken possession of the property, tried to sell it, or...

A disclaimer by the bankruptcy trustee— (a) terminates, on and from the date of the disclaimer, the rights, interests, and liabilities of the bankruptcy trustee and the bankrupt in relation to the...

(1) A person who sustains loss or damage as a result of disclaimer by the bankruptcy trustee may— (a) claim as a creditor in the bankruptcy for the amount of the loss or damage, taking account of the...

The bankruptcy trustee loses the right to disclaim onerous property if— (a) a person whose rights would be affected by the disclaimer has sent the bankruptcy trustee a notice requiring the bankruptcy...

(1) If land disclaimed by the bankruptcy trustee is subject to a rentcharge, the vesting of that land in any other person (including the State), or the person's successors in title, does not make any...

(1) This section applies to an interest in land that— (a) is owned by the bankrupt; (b) is subject to a mortgage or a charge; and (c) is not disclaimed by the bankruptcy trustee. (2) The...