Section 35D of The Banking Act CAP 488: Offences under sections 35 and 35B

(1) A person who—
(a) refuses or fails to comply with a requirement of a liquidator appointed under section 35, or of an administrator appointed under section 35B, that is applicable to the person, to the extent to which the person is able to comply with it;
(b) obstructs or hinders such a liquidator or administrator in the exercise of the powers conferred under this Act;
(c) provides information, or makes a false statement, to such a liquidator or administrator knowing it to be false or misleading in any material respect; or
(d) when appearing before such a liquidator for examination in accordance with such a requirement, makes a statement knowing it to be false or misleading in a material respect, commits an offence and on conviction is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both
(2) If, after being convicted of an offence under subsection (1)(a), a person continues to refuse or fail to comply with the relevant requirement, the person commits a further offence on each day or part of a day on which the refusal or failure continues and on conviction is liable to a fine not exceeding one hundred thousand shillings for each such offence.

More Sections

Section 40A - Rights of assignment

(1) The liquidator may assign the assets or liabilities of an institution or of a customer under this Act, the Insolvency Act (Cap. 53), or under any other written law to third parties for the benefit...

Section 43 - Representative offices of foreign institutions

(1) The Central Bank may, in writing and subject to such conditions as the Central Bank may consider necessary, authorize a bank or a financial institution incorporated outside Kenya which does not...

Section 44 - Restrictions on increase in bank charges

No institution shall increase its rate of banking or other charges except with the prior approval of the Cabinet Secretary.

Section 44A - Limit on interest recovered on defaulted loans

(1) An institution shall be limited in what it may recover from a debtor with respect to a nonperforming loan to the maximum amount under subsection (2). (2) The maximum amount referred to in...

Section 45 - Cabinet Secretary to consult with the Central Bank

(1) The Cabinet Secretary shall consult with the Central Bank in the exercise of his functions under this Act. (2) Where the approval of the Cabinet Secretary is required under any provision of this...

Section 46 - Bank holidays

(1) Where the Cabinet Secretary considers that it is in the public interest that banks, or a particular bank, or a particular branch of a bank, should remain closed on a day which is not a public...

Section 47 - Orders by High Court

(1) The High Court, on application made ex parte by the Cabinet Secretary or, where a manager or liquidator has been appointed by the Central Bank, may, if it considers it to be in the interests of...

Section 48 - Disqualification of officers

(1) A person who is an officer of an institution shall cease to hold office and shall not thereafter be eligible to hold office in any institution if he— (a) becomes bankrupt or suspends payment or...

Section 49 - Penalties for offences

Where any institution or other person contravenes any of the provisions of this Act— (a) if it is a body corporate, it shall be guilty of an offence and liable to a fine not exceeding one hundred...

Section 50 - Penalties for default by officers

(1) Any officer of an institution who— (a) fails to take all reasonable steps to secure the compliance of the institution with this Act; or (b) fails to take all reasonable steps to secure the...

Section 51 - Misleading advertisement for deposits

(1) Any institution or other person who issues any advertisement, brochure, circular or other document inviting any person to make a deposit which— (a) falsely represents that he is authorized to...

Section 52 - Civil obligations

(1) For the avoidance of doubt, no contravention of the provisions of this Act or the Central Bank of Kenya Act (Cap. 491) shall affect or invalidate in any way any contractual obligation between an...

Section 52A - Act to prevail in event of conflict

(1) Subject to subsection (2), where there is a conflict between the provisions of this Act and the provisions of any other written law applicable to an institution licensed under this Act, the...

Section 53 - Exemptions

(1) The Cabinet Secretary may, by notice in the Gazette, exempt an institution from the provisions of section 12, 13 or 14 subject to such conditions as the Cabinet Secretary considers necessary. (2)...

Section 54 - Act not to apply to certain institutions

(1) This Act does not apply to— (a) the Kenya Post Office Savings Bank established under the Kenya Post Office Savings Bank Act (Cap. 493B); (b) the Agricultural Finance Corporation established...

Section 54A - Rights and fundamental freedoms

All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any...

Section 54B - Limitation of right to privacy

(1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2). (2)...

Section 55 - Regulations

(1) The Central Bank may make regulations generally for carrying out the purposes and provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Central Bank may, in...

Section 56 - Repeal and savings

(1) The Banking Act (No. 56 of 1968) is repealed. (2) Notwithstanding subsection (1), whereupon the commencement of this Act any bank or financial institution is licensed to transact banking business...

Section 57 - Amendments of other laws

The several written laws specified in the first column of the Second Schedule are amended, in relation to the provisions thereof specified in the second column, in the manner specified in the third...

Back to Kenya Acts