Section 730 of Insolvency Act CAP 53: Power of Cabinet Secretary to make insolvency regulations for the purposes of this Act
(1) The Cabinet Secretary may make insolvency regulations prescribing matters— (a) required or permitted by this Act to be prescribed by insolvency regulations; or
(b) necessary or convenient to be so prescribed for carrying out or giving full effect to this Act.
(2) In particular, the Cabinet Secretary may make insolvency regulations that specifically relate to— (a) natural persons who are insolvent;
(b) companies and other bodies corporate that are insolvent;
(c) partnerships and other unincorporated bodies that are insolvent;
(d) the administration of the insolvent estates of deceased persons;
(e) the functions of authorised insolvency practitioners, the manner in which they are required to conduct their practice and a scale of remuneration including expenses chargeable against debtors' assets.
(3) Without limiting subsections (1) and (2), the insolvency regulations may make provision for all or any of the following matters:
(a) prescribing forms for the purposes of this Act and the method of verifying any information required by or in those forms;
(b) prescribing the manner in which, the persons by whom, and the directions or requirements in accordance with which, the forms prescribed for the purposes of this Act, or any of them, are required or permitted to be signed, prepared or completed, and generally regulating the signing, preparation and completion of those forms, or any of them;
(c) prescribing fees payable under this Act;
(d) prescribing how and when the debts and claims of creditors are to be made and proved, and when a debt or claim may be allowed or disallowed;
(e) providing for the public examination of bankrupts;
(f) prescribing the expenses that may be paid to a bankrupt, or any other person, who is required to attend any examination by the Official Receiver or a bankruptcy trustee;
(g) prescribing the steps that an undischarged bankrupt has to follow to obtain consent to leaving Kenya and the circumstances in which, and the conditions on which, that consent may be given;
(h) for or in relation to the convening of, conduct of, and procedure and voting at—
(i) meetings of creditors and members of companies that are in liquidation or under administration;
(ii) meetings of eligible employee creditors;
(iii) meetings of contributories and meetings of holders of debentures; and
(iv) joint meetings of creditors and members of companies;
(i) prescribing the number of persons required to constitute a quorum at any such meeting, providing for the sending of notices of meetings to persons entitled to attend those meetings, the lodging of copies of notices of, and of resolutions passed at, those meetings, and generally regulating the conduct of, procedure at, those meetings;
(j) providing for the appointment, retirement, removal, discharge and control of bankruptcy trustees and for the accounts that they are required to keep, and for the audit of those accounts;
(k) prescribing the form of a statement of the financial position or affairs of a bankrupt, company or other person that is required under this Act;
(l) prescribing how instalments under a summary instalment order have to be paid;
(m) prescribing the accounts that are to be kept by the Official Receiver and the audit of those accounts;
(n) providing for the giving to the Official Receiver or the Registrar information relating to matters arising in connection with an insolvency event;
(o) prescribing offences for failing to comply with a requirement of a specified regulation, or for contravening a prohibition imposed by a specified regulation, and prescribing fines that may be imposed on persons convicted of those offences not exceeding five hundred thousand shillings.
(4) The insolvency regulations may—
(a) if documents required by or under this Act to be lodged in accordance with this Act are required to be verified or certified and no manner of verification or certification is prescribed by or under this Act, require that the documents or any of them be verified or certified by statement in writing made by such persons as are prescribed by those regulations; and
(b) if no express provision is made in this Act for verification or certification of documents, require that the documents be verified or certified by statement in writing by such persons as are so prescribed.
(5) Except as otherwise expressly provided in this Act, the insolvency regulations may be of general application or of a specifically limited application (for example, to companies) or may differ according to differences in time, locality, place or circumstance.
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