Section 100 of Insolvency Act CAP 53: Creditors may appoint expert or committee to assist bankruptcy trustee

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...

(1) The bankruptcy trustee cannot, after the bankrupt's discharge, claim an interest in land to which section 123(1) applies and for which the bankruptcy trustee has not registered a transmission if...

(1) The bankruptcy trustee may transfer the following property belonging to the bankrupt in the same way as the bankrupt could have transferred it but for the bankruptcy— (a) securities of a...

A bankruptcy trustee may disclaim any liability under shares owned by the bankrupt in any company by disclaiming the shares as onerous property under section 118, but sections 120 and section 121 do...

(1) The bankruptcy trustee may disclaim a liability under shares owned by the bankrupt in a company by disclaiming them as onerous property in accordance with section 118. (2) Neither section 120 nor...

The bankruptcy trustee loses the right to disclaim liability under shares if— (a) the company or a person who has an interest in the shares has sent the bankruptcy trustee a notice requiring that...

(1) After disclaimer, the bankruptcy trustee may, subject to any other written law and to the company's constitution, transfer the relevant shares to any person who has an interest in them. (2) If...

(1) This section applies if the bankruptcy trustee has disclaimed liability under shares and the company is not in liquidation. (2) The company may prove in the bankruptcy for— (a) the amount of...

In this Division— "cash price", in relation to a sale of goods, means— (a) the lowest price at which a person could have bought those goods from the creditor on the basis of payment in full at the...

(1) If a bankrupt acquired goods under a credit purchase transaction before the bankruptcy commenced and the creditor either— (a) took possession of the goods within the twenty-one days immediately...

(1) In the case of goods to which section 131 applies, the bankruptcy trustee may— (a) within the thirty-day period referred to in that section, exercise any right conferred by any relevant written...

(1) A creditor may prove in a bankruptcy for the amount (not exceeding that limited by any relevant written law) that the creditor was entitled to recover from the bankrupt as a debtor if— (a) the...

If— (a) the bankrupt purchased goods under a credit purchase transaction before the time the bankruptcy commenced; and (b) at that time the creditor either— (i) has not taken possession of the...

(1) This section applies to and in respect of a bankrupt who, before discharge, is adjudged bankrupt for a second time. (2) Property that is acquired by, or has passed to, the bankrupt since the...

(1) This section applies if the bankruptcy trustee in respect of a bankrupt's estate receives notice that a creditor has lodged an application for another bankruptcy. (2) The bankruptcy trustee shall...

If two or more persons are adjudged bankrupt jointly, the bankruptcy trustee shall keep distinct accounts in respect of— (a) the joint estate; and (b) the separate estate of each bankrupt.

(1) When two or more persons have been adjudged bankrupt jointly, the bankruptcy trustee shall first apply— (a) the joint estate to the debts due by the bankrupts jointly; and (b) the separate...

(1) A bankrupt shall, to the best of the bankrupt's ability, assist in the realisation of the bankrupt's property and the distribution of the proceeds among the creditors. (2) The duty imposed by...

(1) As soon as practicable after acquisition, the bankrupt shall notify the bankruptcy trustee of any property that— (a) was acquired by, or passed to, the bankrupt before discharge; and (b) is...

(1) On demand by the bankruptcy trustee, the bankrupt shall deliver to the bankruptcy trustee, or to a person authorised by the bankruptcy trustee to receive it, all of the bankrupt's property that—...

(1) If— (a) any property consisting of an interest in a dwelling house that is occupied by the bankrupt or by the bankrupt's spouse or former spouse is comprised in the bankrupt's estate;...

(1) As soon as practicable after being adjudged bankrupt, the bankrupt shall— (a) deliver to the bankruptcy trustee relevant documents that are in the bankrupt's possession or control;...

A bankrupt shall— (a) as soon as practicable after being adjudged bankrupt— (i) give the bankruptcy trustee a complete and accurate list of the bankrupt's property and of the bankrupt's creditors...

(1) Whenever the bankruptcy trustee requires it, the bankrupt shall provide the bankruptcy trustee with details of the bankrupt's income and expenditure since the bankruptcy commenced. (2) A bankrupt...

(1) A bankrupt shall, within seven days after any change occurs in the bankrupt's name, address, employment or income, notify the bankruptcy trustee of the change. (2) A bankrupt who, without...

(1) The bankrupt shall give the bankruptcy trustee (or any person employed by the bankruptcy trustee) the information and details that are necessary to prepare a financial statement that shows the...

The principles of personal data protection set out in the Data Protection Act (Cap. 411C) shall apply with necessary modifications to the processing and handling, by the bankruptcy trustee, of the...

In this Division— "building", in relation to a bankrupt, includes a reference to a part of a building in which the bankrupt holds a proprietorial interest; "place" includes building, premises,...