Act and Laws in Kenya

A bankrupt shall— (a) as soon as practicable after being adjudged bankrupt— (i) give the bankruptcy trustee a complete and accurate list of the bankrupt's property and of the bankrupt's creditors and debtors, and update the lists as necessary; (ii) give the bankruptcy trustee any other...

(1) Whenever the bankruptcy trustee requires it, the bankrupt shall provide the bankruptcy trustee with details of the bankrupt's income and expenditure since the bankruptcy commenced. (2) A bankrupt who, without reasonable excuse, fails to comply with a requirement of the bankruptcy trustee under...

(1) A bankrupt shall, within seven days after any change occurs in the bankrupt's name, address, employment or income, notify the bankruptcy trustee of the change. (2) A bankrupt who, without reasonable excuse, fails to comply with subsection (1) commits an offence and on conviction is liable to a...

(1) The bankrupt shall give the bankruptcy trustee (or any person employed by the bankruptcy trustee) the information and details that are necessary to prepare a financial statement that shows the financial position of the bankrupt's estate. (2) If required to do so by the bankruptcy trustee, the...

The principles of personal data protection set out in the Data Protection Act (Cap. 411C) shall apply with necessary modifications to the processing and handling, by the bankruptcy trustee, of the bankrupt's personal data.

In this Division— "building", in relation to a bankrupt, includes a reference to a part of a building in which the bankrupt holds a proprietorial interest; "place" includes building, premises, aircraft, ship, or other means of transporting people or goods; "relevant property", in relation to a...

(1) If required by the bankruptcy trustee to do so, the bankrupt shall pay an amount or periodic amounts during the bankruptcy as a contribution towards payment of the bankrupt's debts. (2) The bankruptcy trustee may impose conditions with respect to the payments, including conditions as the dates...

If a bankrupt fails to make a payment required under section 150, the onus is on the bankrupt in any proceedings arising out of the failure to show that the failure was not deliberate.

(1) An undischarged bankrupt shall not, without the consent of the bankruptcy trustee or the Court (either directly or indirectly)— (a) enter into, carry on, or take part in the management or control of any business; (b) be employed by a relative of the bankrupt or (c) be employed by a company,...

(1) The Court may issue a search warrant to the bankruptcy trustee or any other person if it reasonably believes that any relevant property is concealed in a specified place. (2) The warrant may authorise the bankruptcy trustee or other person named in the warrant, together with any assistants that...

(1) If authorised by a warrant issued by the Court, the bankruptcy trustee or (if not the bankruptcy trustee) the Official Receiver, with such assistants as are considered necessary— (a) may seize any part of the bankrupt's property that is under the control of the bankrupt or of any other person;...

(1) The bankruptcy trustee may require the bankrupt and relatives of the bankrupt to vacate any land or building that is part of the property vested in the bankruptcy trustee under the bankruptcy. (2) If the bankruptcy trustee's demand is not complied with, the bankruptcy trustee may apply to a...

A bankrupt is entitled at any reasonable time to inspect and to take copies of— (a) the bankrupt's accounting records; (b) the bankrupt's answers to questions put to the bankrupt in the course of an examination under this Act; (c) the statement of the bankrupt's financial position; (d) all...

(1) After the bankruptcy commences, the bankrupt, and any person (other than the bankruptcy trustee) who claims through or under the bankrupt, ceases to be entitled— (a) to recover property that is part of the bankrupt's estate; or (b) to give a release or discharge in relation to that...

(1) After the bankruptcy has commenced, the bankrupt may not execute a power of appointment, or any other power vested in the bankrupt, if the result would be to defeat or destroy any contingent or other estate or interest in any property to which the bankrupt may otherwise be beneficially entitled...

(1) As soon as practicable after becoming aware or formings reasonable suspicion that a customer is an undischarged bankrupt, a bank shall— (a) notify the bankruptcy trustee of any account that the customer holds with the bank; and (b) not pay any money from the account, unless subsection (2)...

(1) The Official Receiver may, by notice, require a bank to search its account records by comparing the names of its customers with the names (including any aliases) of undischarged bankrupts specified in the notice or in a list that is attached to it. (2) Within seven days after receiving the...

(1) A bankrupt may choose and retain as the bankrupt's own property assets of a description specified in subsection (2) up to a maximum value determined in accordance with subsection (3). (2) The assets are— (a) the bankrupt's necessary tools of trade; (b) necessary household furniture and...

A bankrupt may retain necessary tools of trade and necessary household furniture and effects that are worth more than the maximum value fixed in accordance with section 161, if the bankrupts' creditors consent to it by an ordinary resolution passed at a creditors' meeting.

(1) Subject to subsection (2), the retention of an asset by the bankrupt under section 161 or 162 does not affect rights arising under a valid charge, bailment contract or credit purchase transaction in respect of the asset. (2) In relation to goods that that are in the possession of the bankrupt...

The fact that the net value of the assets that the bankrupt retains is less than the maximum values specified in section 161 does not give the bankrupt any rights in relation to other assets in the bankrupt's estate.

If the bankrupt has died, a relative or dependant of the bankrupt, who has been approved for this purpose by the bankruptcy trustee or the Court, may exercise the right to retain assets under section 161 or 162 for the benefit of the bankrupt's relatives and dependants.

The bankruptcy trustee may make an allowance out of the property of the bankrupt to the bankrupt, or to any relative or dependant of the bankrupt, for the support of the bankrupt and the bankrupt's relatives and dependants.

(1) The bankruptcy trustee may allow the bankrupt to retain, for the immediate maintenance of the bankrupt and the bankrupt's relatives and dependants, money up to the prescribed limit that the bankrupt has in the bankrupt's possession or in a bank account when the bankruptcy commenced. (2) For the...

(1) The bankruptcy trustee may, at any time before or after a bankrupt's discharge— (a) serve on any of the persons listed in subsection (2) a summons to appear before the bankruptcy trustee or the Court to be examined on oath in relation to the bankrupt's conduct, affairs or property; and...

(1) The bankruptcy trustee may examine on oath the persons summoned for examination in accordance with section 168. (2) The bankruptcy trustee shall ensure that the examination is recorded in writing, and that the person summoned signs the written record unless excused from doing so. (3) If...

A person who is summoned for examination by the bankruptcy trustee— (a) is entitled to be paid the expenses incurred in attending the examination, not exceeding the amount prescribed by the insolvency regulations for the purposes of this section; and (b) is not obliged to attend the examination if...

(1) A person who is examined or questioned at an examination by the bankruptcy trustee is entitled to be represented by an advocate. (2) Such a person may be questioned by the bankrupt's advocate, and any answers given by the person form part of the examination.

A creditor, or the creditor's advocate, is entitled at any reasonable time to inspect the record of the examination of a person conducted in accordance with section 169.

(1) A person shall not, without the approval of the Court, publish a report of— (a) any examination of a person summoned for examination by the bankruptcy trustee; or (b) any matter arising in the course of the examination. (2) A person who wishes to publish a report of such an examination or...