Section 419 of Insolvency Act CAP 53: Dissenting member may require liquidator to refrain from giving effect to arrangement under section 418 or to purchase member's shares

(1) The liquidator, or a contributory or creditor, may apply to the Court to determine any question arising in the liquidation of a company, or to exercise, with respect to the enforcing of calls or...

(1) If, in the case of a company that is in voluntary liquidation, a liquidator has not been appointed or nominated by the company, the directors may exercise their powers only— (a) with the approval...

The voluntary liquidation of a company does not prevent a creditor or contributory from seeking to have the company liquidated by the Court, but in the case of an application by a contributory, the...

(1) Only the High Court has jurisdiction to supervise the liquidation of companies registered in Kenya. (2) Subsection (1) does not apply to a company that is in voluntary liquidation in accordance...

(1) A company may be liquidated by the Court if— (a) the company has by special resolution resolved that the company be liquidated by the Court; (b) being a public company that was registered as...

(1) An application to the Court for the liquidation of a company may be made any or all of the following — (a) the company or its directors; (b) a creditor or creditors (including any contingent or...

(1) If, in relation to a company, it appears to the Attorney-General— (a) from a report made or information obtained from investigations carried out or inspection of documents produced under the...

(1) On the hearing of a liquidation application, the Court may make such of the following orders as it considers appropriate— (a) an order dismissing the application; (b) an order adjourning the...

(1) At any time after the making of a liquidation application, and before a liquidation order has been made, the company, or any creditor or contributory, may— (a) if legal proceedings against the...

(1) In a liquidation ordered by the Court— (a) any disposition of the company's property; and (b) any transfer of shares, or alteration in the status of the company's members, made after the...

If a company is being liquidated by the Court, any attachment, sequestration, distress or execution instigated against the assets of the company after the commencement of the liquidation is void.

(1) If, before the making of an application for the liquidation of a company by the Court, a resolution has been passed by the company for liquidating the company voluntarily— (a) the liquidation...

(1) Within seven days after a liquidation order is made in respect of a company, the company shall lodge a copy of the order with the Registrar for registration and also lodge a copy of it with the...

(1) If the Court has made a liquidation order or appointed a provisional liquidator in respect of a company, the Official Receiver may require some or all of the prescribed persons to make out and...

(1) On the making of a liquidation order, the Official Receiver shall conduct an investigation— (a) if the company has failed,to discover why the company failed; and (b) generally, to investigate...

(1) If a company is being liquidated by the Court, the Official Receiver may, at any time before the dissolution of the company, apply to the Court for the public examination of any person who— (a) is...

(1) A person who, without reasonable excuse, fails at any time to attend the person's public examination under section 435 is guilty of a contempt of Court and is liable to be punished accordingly (in...

(1) The Court may appoint a provisional liquidator either on or after, or at any time before, the making of a liquidation order in respect of a company. (2) Only the Official Receiver or an...

(1) Subsections (2) to (7) have effect, subject to section 441 when the Court makes an order for the company to be liquidated. (2) The Official Receiver becomes the liquidator of the company and...

(1) In the case of a liquidation ordered by the Court, the Official Receiver (being the liquidator) may, at any time, appoint a qualified person as liquidator instead. (2) If meetings are held in...

(1) If a company is being liquidated by the Court and separate meetings of the company's creditors and the company's contributories are convened for the purpose of choosing a person to be liquidator...

(1) If a liquidation order is made immediately on the appointment of an administrator ceasing to have effect, the Court may appoint as liquidator of the company the person whose appointment as...

(1) If, after a liquidation order has been made, separate meetings of creditors and contributories have been convened for the purpose of choosing a person to be liquidator, those meetings may...

(1) The functions of the liquidator of a company that is being liquidated by the Court are— (a) to ensure that the assets of the company are realised and distributed to the company's creditors;...

When— (a) a liquidation order has been made; or (b) a provisional liquidator has been appointed, in respect of a company, the liquidator or the provisional liquidator shall assume control of all the...

(1) When a company is being liquidated by the Court, the Court may, on the application of the liquidator, by order direct all or any part of the property belonging to the company or held by trustees...

(1) If, in the case of a company that is being liquidated by the Court, the liquidator (not being the Official Receiver) is satisfied that the liquidation of the company is for all practical purposes...

(1) On the application of the liquidator, the Official Receiver or any creditor or contributory, and on proof to the satisfaction of the Court that all proceedings in the liquidation ought to be...

(1) As soon as practicable after making a liquidation order, the Court shall— (a) settle a list of contributories, with power to rectify the register of members in all cases in which rectification is...

(1) At any time after making a liquidation order, the Court may make an order in respect of any contributory who is for the time being on the list of contributories requiring the contributory to pay,...

(1) At any time after making a liquidation order, and either before or after the Court has ascertained the sufficiency of the company's assets, it may— (a) make calls on all or any of the...

(1) The Court may order any contributory, purchaser or other person from whom money is due to the company to pay the amount due into the Central Bank of Kenya to the account of the liquidator instead...

(1) An order made by the Court on a contributory is conclusive evidence that any money appearing to be due or ordered to be paid by the contributory is due. (2) Subsection (1) is subject to the...

The Court may fix deadlines by which creditors are required to prove their debts or claims or are to be excluded from the benefit of any distribution made before those debts are proved.

The Court shall adjust the rights of the contributories among themselves and distribute any surplus among the persons entitled to it.

(1) At any time after making a liquidation order, the Court may make such order for inspection of the company's records by creditors and contributories as the Court considers appropriate. (2) The...

(1) If the assets of a company are insufficient to satisfy its liabilities, the Court may— (a) make an order for the expenses incurred in the liquidation to be paid out of the company's assets;...

(1) If, at any time either before or after making a liquidation order, the Court is satisfied on reasonable grounds that a contributory is— (a) about to leave Kenya or otherwise to abscond;...

Powers conferred on the Court by this Part are in addition to any existing powers to bring legal proceedings against a contributory or debtor of the company, or the assets of a contributory or debtor,...

(1) The insolvency regulations may enable or require all or any of the functions imposed or powers conferred on the Court with respect to the matters specified in subsection (2) to be performed or...

(1) The liquidator of a company is in all documents and communications relating to the liquidation of the company to be referred to— (a) if a person other than the Official Receiver is liquidator, as...

A person who gives, or agrees or offers to give, to any member or creditor of a company any valuable consideration with a view to obtaining the person's own appointment or nomination, or to obtaining...

(1) This section has effect if a company is in voluntary liquidation, but subject to section 463 (liquidator's functions, creditors' voluntary liquidation) in the case of a creditor's voluntary...

(1) If, in the case of a creditors' voluntary liquidation, a liquidator has been nominated by the company, the powers conferred on the liquidator by section 462 may not be exercised, except with...

(1) If a company is being liquidated by the Court, the liquidator may— (a) with the approval of the Court or the liquidation committee (if there is one), exercise any of the powers specified in Parts...

(1) If a company is being liquidated by the Court, the liquidator may convene general meetings of the creditors or contributories for the purpose of ascertaining their wishes. (2) The liquidator...

(1) If a liquidator has— (a) in lodging, delivering or making a return, account or other document— (i) failed to prepare, make or lodge a return, account or other document as required by a...

(1) This section applies to the removal from office and vacation of office of the liquidator of a company that is in voluntary liquidation. (2) Subject to subsection (2), a liquidator may be removed...

(1) This section applies with respect to the removal from office and vacation of office of— (a) the liquidator of a company that being liquidated by the Court; or (b) a provisional liquidator. (2) A...

(1) This section applies with respect to the release of the liquidator of a company that is in voluntary liquidation. (2) A person who has ceased to be a liquidator is entitled to be released from...