Section 472 of Insolvency Act CAP 53: Preferential charge on property of company distrained within three months before making of liquidation order

(1) The expenses of liquidating a company, so far as the assets of the company available for payment of general creditors are insufficient to meet those expenses, have priority over any claims to...

(1) This section applies to a company in respect of which a floating charge relates to its property— (a) if the company is in liquidation or under administration; or (b) if a provisional liquidator...

(1) If a company is in liquidation or a provisional liquidator is appointed in respect of the company, the Court may, on an application made under subsection (2), appoint a person to be the special...

(1) The liquidator may, by the giving such notice as is prescribed by the insolvency regulations, disclaim any onerous property and may do so even if the liquidator has taken control of it, tries to...

(1) The disclaimer under section 476 of any property comprising a leasehold interest does not take effect unless a copy of the disclaimer has been served on every person claiming under the company as...

(1) If, as a result of the disclaimer under section 476 of land subject to a rentcharge, the land vests by operation of law in a person, the person is not subject to any liability in respect of...

(1) This section and section 480 apply to property that the liquidator has disclaimed in accordance with section 476. (2) An application to the Court for an order under subsection (3) may be made...

(1) The Court may not make an order under section 479 vesting a leasehold interest in a person claiming under the company as underlessee or mortgagee except on terms making the person— (a) subject to...

(1) If— (a) a creditor— (i) has issued execution against the goods or land of a company; or (ii) has attached any debt due to it; and (b) the company is subsequently liquidated, the creditor is...

(1) This section applies if— (a) a company's goods are taken in execution; and (b) before their sale or the completion of the execution (whether by the receipt or recovery of the full amount of the...

(1) A person who is, as against the liquidator, entitled to the benefit or subject to the burden of a contract made with the company, may make an application for an order under subsection (2). (2) On...

(1) On the liquidation of a company (whether by the Court or voluntarily), the liquidator may, in accordance with this section, make any payment that the company has, before the commencement of the...

(1) A company that is in liquidation shall ensure that the following documents state that the company is in liquidation: (a) every invoice, order for goods or services, business letter or order form...

(1) In a company liquidation, interest is payable in accordance with this section on any debt proved in the liquidation, including so much of any such debt as represents interest on the...

(1) If a company is in liquidation, the following documents are exempt from stamp duty— (a) every transfer relating solely to freehold or leasehold property, or to any interest in, any real or...

When a company is in liquidation, all records of the company and of the liquidator are (as between the contributories of the company) evidence of the truth of all matters purporting to be recorded in...

(1) If the liquidation of a company is not completed within twelve months after its commencement, the liquidator shall, at such intervals as are prescribed by the insolvency regulations and until the...

If a resolution is passed at an adjourned meeting of a company's creditors or contributories, the resolution is for all purposes taken to have been passed on the date on which it was in fact passed,...

(1) The Court may— (a) as to all matters relating to the liquidation of a company, have regard to the wishes of the creditors or contributories (as proved to it by any sufficient evidence); and...

In all proceedings under this Part, all courts and tribunals, all judges and persons acting judicially, and all officers of a court or tribunal, or employed in enforcing the process of a court or...

(1) An affidavit required to be sworn under or for the purposes of this Part may be sworn in Kenya— (a) before any court, tribunal, judge or person lawfully authorised to take and receive affidavits;...

(1) This section applies to a company in voluntary liquidation if the liquidator has sent to the Registrar the liquidator's final account and return in accordance with section 402 or 414. (2) As soon...

(1) This section applies when an order for the liquidation of a company has been made by the Court and the Official Receiver is the liquidator of the company. (2) On being satisfied— (a) that the...

(1) If a notice has been given in accordance with section 495(3), the Official Receiver or any creditor or contributory of the company may apply to the Court for directions under this...

(1) This section applies to a notice that is— (a) served for the purposes of section 468(9); or (b) from the Official Receiver that the liquidation of a company by the Court is complete. (2) As...

(1) This section applies in relation to a company— (a) in respect of which the Court has made a liquidation order; or (b) that has passed a resolution for the voluntary liquidation of the...

(1) This section applies in relation to a company— (a) in respect of which the Court has made a liquidation order; or (b) that has passed a resolution for the voluntary liquidation of the...

(1) This section applies in relation to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if the officer or...

(1) This section applies in relation to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or contributory of the company commits an offence if, during the...

(1) This section applies to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if, during the liquidation, the...

(1) This section applies to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if— (a) the officer or former...

(1) This section applies to the following persons— (a) an officer or former officer of a company that is in liquidation (whether by the Court or voluntarily); (b) a person who is or has acted as the...

(1) A liquidator of a company may make an application to the Court to make an order under subsection (2) if— (a) in the course of the liquidation of the company, the liquidator forms the view that a...

(1) This section applies— (a) to a company that is in insolvent liquidation; and (b) to a person who, at a time before the commencement of the liquidation, was an officer of the company. (2) For...

(1) On the hearing of an application under section 505 or 506, the liquidator may personally give evidence or call witnesses. (2) If the Court makes an order under section 505 or 506, it may make...

(1) This section applies to a person if— (a) a company is in insolvent liquidation on or after the commencement of this section; and (b) the person was a director of the company at any time during...

(1) A person is personally responsible for all the relevant debts of a company if at any time— (a) the person is involved in the management of the company in contravention of section 508;...

(1) If, in the course of liquidating a company, the Court concludes that a person who was at the relevant time a past or present officer, or a member, of the company may have committed an offence in...

(1) For the purpose of an investigation by the Attorney-General under 510(4), a person has the same obligation to produce documents or give information, or otherwise assist the Attorney-General, as...

For the purposes of this Part, "unregistered company" includes any association and any company, other than a company registered under the Companies Act (Cap. 486).

(1) Subject to the provisions of this Part— (a) any unregistered company may be liquidated under Pat VI; and (b) the provisions of that Part relating to liquidation apply to an unregistered...

(1) The circumstances in which an unregistered company can be liquidated are as follows— (a) if the company is dissolved, or has ceased to carry on business, or is carrying on business only for the...

(1) If a company incorporated outside Kenya that has been carrying oh business in Kenya ceases to carry on business there, it can be liquidated as an unregistered company under this...

(1) If an unregistered company is in liquidation, each person is a contributory who is liable— (a) to pay or contribute to the payment of any debt or liability of the company; (b) to pay or...

The provisions of this Part with respect to staying or restraining legal proceedings against a company after the making of an application for liquidation and before the making of a liquidation order...

If an order has been made for liquidating an unregistered company, no legal proceedings may be begun or continued against a contributory of the company in respect of any debt of the company, except by...

(1) The provisions of this Part with respect to unregistered companies are in addition to those of Part VI with respect to the liquidation of companies by the Court. (2) The Court or liquidator may...

In this Part— "administrator", in relation to a company, means a person appointed under this Part to manage the company's affairs and property, and, if the context requires, includes a former...

For the purposes of this Act— (a) a company is "under administration" while the appointment of an administrator of the company continues to have effect; (b) a company "enters administration" when...

(1) The objectives of the administration of a company are the following— (a) to maintain the company as a going concern; (b) to achieve a better outcome for the company's creditors as a whole than...