Section 27 of Hire Purchase Act CAP 507: Hirer may require information

(1) If a hirer hands or sends by registered post to the owner a written request therefor, and tenders to the owner a sum of ten shillings for expenses, the owner shall, within fourteen days after the request and tender are received by him, hand or send by registered post to the hirer a statement signed by or on behalf of the owner showing -
(a) the total of the payments made under the agreement by or on behalf of the hirer, and the date of each payment;
(b) the total amount due under the agreement and unpaid, and the amount of each unpaid instalment and the date on which it became due; and
(c) the total amount which is to become due under the agreement, the amount of each instalment which is to become due and the date (or the mode of determining the date) upon which it is to become due.
(2) If the owner fails without reasonable cause to comply with a request made under subsection (1), then while the default continues -
(a) no person shall be entitled to enforce the agreement against the hirer or to enforce any contract of guarantee relating to the agreement, and the owner shall not be entitled to enforce any right to recover possession of the goods from the hirer; and
(b) no security given by the hirer in respect of money payable under the agreement or given by a guarantor in respect of money payable under a contract of guarantee shall be enforceable by any holder thereof against the hirer or guarantor, as the case may be, and if the default continues for a period exceeding thirty days the owner shall be guilty of an offence and liable to a fine not exceeding five hundred shillings.

More Sections

Section 28 - Appropriation of payments where more than one agreement

A hirer who is liable to make payments in respect of two or more hire-purchase agreements to the same owner shall be entitled, on making any payment in respect of the agreements which is not...

Section 29 - Limitation on enforcement of agreement

An owner shall not be entitled, by reason of the hirer’s failure to carry out any obligation under a hire-purchase agreement, to enforce - (a) any provision in the agreement for the acceleration of...

Section 30 - Agreement binding on trustee or liquidator of owner

(1) If - (a) in the case of a natural person, the owner is adjudged bankrupt; or (b) in the case of a company, the owner is placed in liquidation, a hire- purchase agreement entered into by the...

Section 31 - Bankruptcy of hirer

If a hirer is adjudged bankrupt, the rights and duties which are the subject of the hire-purchase agreement entered into by the hirer shall vest in his trustee, notwithstanding the terms of the...

Section 32 - Service of notices

(1) Any notice or document required or authorized to be served on or given to an owner or hirer under this Act may be so served or given - (a) by delivering it to him personally; (b) by leaving it...

Section 32A - Minister may determine interest rates etc.

(1) The Minister may, in consultation with the Central Bank of Kenya established under the Central Bank of Kenya Act (Cap. 491), determine and publish - (a) the matters to be taken into account in...

Section 33 - Minister’s power to obtain information

(1) Every person carrying on hire-purchase business shall furnish to the Minister, at the prescribed time and in the prescribed manner, all such information as the Minister may reasonably require for...

Section 34 - False information

Any person who knowingly gives false information in any proposal form or other document completed for the purpose of entering into a hire-purchase agreement shall be guilty of an offence and liable to...

Section 35 - Minister’s power to make rules

(1) The Minister may make rules generally for the better carrying out of any of the provisions or purposes of this Act. (2) Without prejudice to the generality of the powers conferred by subsection...

Back to Kenya Acts