Section 281 of Insolvency Act CAP 53: Deed of composition to be executed

When the Court has confirmed the deed and quashed the bankruptcy order— (a) the deed binds all the creditors in all respects as if they had each executed the deed; and (b) subject to the provisions...

(1) A bankrupt who makes a composition with the bankrupt's creditors remains liable for the unpaid balance of a debt if— (a) the bankrupt, by means of fraud— (i) incurred or increased the debt;...

(1) The deadlines for steps to approve the composition and execute the deed are as follows— (a) the confirming resolution has to have been passed within one month after the preliminary resolution is...

(1) The Registrar of the Court shall, after recording the deed of composition— (a) endorse on the deed that it has been recorded in the Court registry; and (b) if requested to do so by the Official...

(1) On the application of any person aggrieved by a failure to pay an amount payable in accordance with a composition approved by the Court, the Court may order that the failure to pay be...

(1) After the preliminary resolution has been passed, the Court continues to have exclusive jurisdiction in relation to the composition and the deed of composition, and their administration. (2) On...

The Court shall decide a question arising under a deed of composition according to the law and practice of bankruptcy, in so far as that law and practice is relevant.

(1) A bankrupt commits an offence if the bankrupt did not, when contracting a debt, have the capacity to pay the debt when it fell due for payment, as well as to pay all the bankrupt's other...

(1) A bankrupt commits an offence if the bankrupt— (a) conceals, or removes from Kenya, any part of the bankrupt's property— (i) during the two months immediately preceding the date on which an...

(1) A bankrupt commits an offence if, during the three years immediately preceding the time when the bankruptcy order was made in respect of the bankrupt, the bankrupt makes or produces to a material...

(1) A bankrupt commits an offence if, during the two years immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the...

A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the...

(1) A bankrupt commits an offence if, during the three years preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the...

A bankrupt commits an offence if the bankrupt— (a) makes a false representation; or (b) does any other fraudulent act, for the purpose of obtaining the consent of any one or more of the bankrupt's...

(1) A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after...

A bankrupt who is found guilty of an offence under a provision of sections 289 to 296 is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding...

(1) A bankrupt commits an offence if, at any time during the three years immediately preceding the date on which the bankrupt was adjudged bankrupt— (a) the bankrupt had failed to record of the...

(1) A bankrupt commits an offence if, with intent to conceal the true state of the bankrupt's affairs, the bankrupt has failed to keep and preserve a proper record of the bankrupt' s...

(1) For the purposes of sections 298 and 299, a bankrupt is, in the absence of evidence to the contrary, presumed not to have kept a proper record of the bankrupt's transactions if, being engaged in a...

(1) A bankrupt who— (a) acts or purports to act as a director of a company or as a partner of a firm or limited liability partnership; or (b) fails without reasonable excuse to comply with section...

(1) A bankrupt commits an offence if the bankrupt— (a) in the course of the administration of the bankrupt's affairs, makes to the bankruptcy trustee or the Official Receiver (if not the bankruptcy...

(1) In this Division— "debtor" means a debtor who is a natural person; "interim order" means an order made under section 306; "proposal" means a proposal made by a debtor to the debtor's creditors...

(1) An application to the Court for an interim order may be made if the debtor intends to make a proposal to the debtor's creditors under this Division for a composition in satisfaction of the...

(1) While an application under section 304 for an interim order is pending, the following provisions apply: (a) a landlord or other person to whom rent is payable by the debtor may exercise a right...

(1) On the hearing of an application made under section 304, the Court may make an interim order if satisfied— (a) that the debtor intends to make a proposal under this Division; (b) that on the day...

(1) As soon as practicable after the making of an interim order, the provisional supervisor shall, before the order ceases to have effect, submit a report to the Court stating— (a) whether, in that...

(1) This section applies if— (a) a debtor intends to make a proposal under this Division; (b) no interim order has been made in relation to the proposal and no application for such an order is...

(1) If it has been reported to the Court under section 307 or 308 that a meeting of the debtor's creditors should be convened, the provisional supervisor shall, unless the Court otherwise directs,...

(1) The main purpose of a creditors' meeting convened under section 309 is to decide whether to approve the debtor's proposal (with or without modifications). (2) At the beginning of the meeting,...

(1) This section applies to the decisions taken at the meeting of creditors held in accordance with section 310 to consider a debtor's proposal (with or without modifications). (2) The debtor's...

(1) A debtor's proposal (with or without modifications) takes effect as a voluntary arrangement by the debtor on the day after the date on which it is approved by the Court by order made under section...

(1) If the Court has approved a debtor's proposal in accordance with section 311(7)(a) and the debtor is an undischarged bankrupt— (a) the bankrupt; or (b) if the bankrupt has not made an...

(1) Subject to subsection (3), any of the persons specified in subsection (2) may make an application to the Court on either or both of the following grounds— (a) that a debtor's proposal approved by...

(1) The supervisor is responsible for implementing and supervising a voluntary arrangement that has taken effect under section 312 or 319 and has such powers as are necessary to enable that...

(1) This section applies if a debtor intends to make a proposal to the debtor's creditors for a voluntary arrangement and— (a) the debtor is an undischarged bankrupt; (b) the Official Receiver is...

As soon reasonably practicable after the arrangements under section 316 have been implemented, the Official Receiver shall report to the Court whether the proposed voluntary arrangement has been...

(1) If the Official Receiver reports to the Court that the debtor's proposal has been approved, the proposal takes effect as a voluntary arrangement. (2) On taking effect as a voluntary arrangement,...

(1) In addition to making the arrangements under section 316(3), the Official Receiver may, if the debtor is an undischarged bankrupt, make an application to the Court to make an order under...

(1) The Court may make an order revoking a voluntary arrangement that has effect because of section 318(1) on the ground— (a) that it unfairly affects the interests of a creditor of the debtor;...

(1) A debtor commits an offence, if for the purpose of obtaining approval to a proposal for a voluntary arrangement, the debtor— (a) makes a representation knowing it to be false or misleading; or...

(1) This section applies to a voluntary arrangement that has taken effect in accordance with section 312(1) or 319(1). (2) As soon as practicable after forming a reasonable suspicion that a debtor...

A summary instalment order is an order made by the Official Receiver directing the debtor to pay the debtor's debts— (a) in instalments or in some other way; and (b) in full or to the extent that...

The Official Receiver may make a summary instalment order on the application of— (a) a debtor; or (b) a creditor with the debtor's consent.

(1) The Official Receiver may refuse an application for a summary instalment order if the application does not comply with subsection (2). (2) An application does not comply with this subsection...

(1) The Official Receiver may make a summary instalment order if satisfied that— (a) the debtor's total unsecured debts that would be provable in the debtor's bankruptcy do not exceed the amount...

In addition to an order for the payment of the debts in instalments, the Official Receiver may make all or any of the following orders— (a) an order regarding the debtor's future earnings or...

(1) Except as provided by subsection (2), a summary instalment order is ineffective if it does not provide for the appointment of a suitable and willing person to supervise compliance by the debtor...

(1) The supervisor is responsible for supervising the debtor's compliance with the terms of the summary instalment order and any other orders made under section 327. (2) The supervisor may charge the...

(1) The Official Receiver may, by notice, require a supervisor or a past supervisor to provide the Official Receiver, within not less than seven days from the date of the notice, with any specified...

If of the opinion that the supervisor has failed to supervise the debtor's compliance adequately, the Official Receiver shall terminate the supervisor's appointment and appoint a replacement...