Act and Laws in Kenya

Document Categories

• Evidence Act
• Companies Act
• Employment Act
• Law of Succession Act
• Civil Procedure Act
• Criminal Procedure Code
• Penal Code
• Constitution of Kenya
• Civil Procedure Rules
• The Children Act CAP 141
• Sexual Offences Act
• Traffic Act
• Land Registration Act 2012
• Kenya Roads Act 2007
• The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301
• Sale of Goods Act CAP 31
• Insolvency Act CAP 53
• Marriage Act CAP 150
• The Work Injury Benefits Act CAP 236
• The Labour Relations Act 2007
• Limitation of Actions Act CAP 22
• The Consumer Protection Act CAP 501
• Public Health Act CAP 242
• Advocates Act CAP 16
• Matrimonial Property Act CAP 152
• County Government Act NO. 17 OF 2012
• Leadership and Integrity Act NO. 19 OF 2012
• The Basic Education Act 2013
• Trade Marks Act CAP 506
• Employment and Labour Relations Court Act
• Occupational Safety and Health Act CAP 236A
• Partnerships Act 16 of 2012
• Arbitration Act CAP 49
• Limited Liability Partnership Act CAP 30
• The Teachers Service Commission Act CAP 212
• Kenya Railways Corporation Act CAP 397
• The Fair Administrative Action Act CAP 7L
• Computer Misuse and Cybercrime Act No 5 of 2018
• The Kenya Information and Communications Act CAP 411A
• Independent Electoral and Boundaries Commission Act No 9 of 2011
• Health Act No 21 of 2017
• Sectional Properties Act CAP 286
• The Rent Restriction Act CAP 296

Search Results...

• Section 324 of Insolvency Act CAP 53: Who can apply for summary instalment order
  

  The Official Receiver may make a summary instalment order on the application of— (a) a debtor; or (b) a creditor with the debtor's consent.

  
  
• Section 325 of Insolvency Act CAP 53: Requirements for applications made by debtors
  

  (1) The Official Receiver may refuse an application for a summary instalment order if the application does not comply with subsection (2). (2) An application does not comply with this subsection unless it— (a) is in the form prescribed by the insolvency regulations for the purposes of this...

  
  
• Section 326 of Insolvency Act CAP 53: Official Receiver may make summary instalment order
  

  (1) The Official Receiver may make a summary instalment order if satisfied that— (a) the debtor's total unsecured debts that would be provable in the debtor's bankruptcy do not exceed the amount prescribed by the insolvency regulations for the purpose of this section; and (b) the debtor is unable...

  
  
• Section 327 of Insolvency Act CAP 53: Power of Official Receiver to make additional orders
  

  In addition to an order for the payment of the debts in instalments, the Official Receiver may make all or any of the following orders— (a) an order regarding the debtor's future earnings or income; (b) an order regarding the disposal of goods that the debtor owns or possesses; (c) an order giving...

  
  
• Section 328 of Insolvency Act CAP 53: Appointment of supervisors
  

  (1) Except as provided by subsection (2), a summary instalment order is ineffective if it does not provide for the appointment of a suitable and willing person to supervise compliance by the debtor with the terms of the order. (2) The Official Receiver may dispense with the appointment of a...

  
  
• Section 329 of Insolvency Act CAP 53: Role of supervisors
  

  (1) The supervisor is responsible for supervising the debtor's compliance with the terms of the summary instalment order and any other orders made under section 327. (2) The supervisor may charge the debtor remuneration for carrying out the supervisor's responsibilities as supervisor at the amount...

  
  
• Section 330 of Insolvency Act CAP 53: Power of Official Receiver to require supervisor or past supervisor to provide documents
  

  (1) The Official Receiver may, by notice, require a supervisor or a past supervisor to provide the Official Receiver, within not less than seven days from the date of the notice, with any specified documents, or any documents of a specified class, that relate to the debtor's property, conduct or...

  
  
• Section 331 of Insolvency Act CAP 53: Termination of supervisor's appointment for failure to supervise adequately
  

  If of the opinion that the supervisor has failed to supervise the debtor's compliance adequately, the Official Receiver shall terminate the supervisor's appointment and appoint a replacement supervisor.

  
  
• Section 332 of Insolvency Act CAP 53: Period for payment of instalments
  

  The payment of instalments under a summary instalment order can be spread over a period not exceeding — (a) three years; or (b) if justified by special circumstances acceptable to the supervisor—five years.

  
  
• Section 333 of Insolvency Act CAP 53: Variation or discharge of summary instalment orders
  

  (1) The debtor, any creditor or the supervisor may at any time apply in writing to the Official Receiver to vary or discharge a summary instalment order. (2) After considering an application made under subsection (1), the Official Receiver shall vary or discharge the order as the Official Receiver...

  
  
• Section 334 of Insolvency Act CAP 53: Effect of summary instalment orders
  

  (1) The debtor shall pay all instalments payable under a summary instalment in the manner prescribed by the insolvency regulations. (2) The Official Receiver shall cancel a summary instalments order on being satisfied on reasonable grounds that the debtor has failed to comply with subsection...

  
  
• Section 335 of Insolvency Act CAP 53: Restrictions on bringing proceedings against debtors while summary instalment order has effect
  

  (1) In this section, "proceedings", in relation to a debtor in respect of whom a summary instalment order has been made, means proceedings brought against the person or property of the debtor in respect of a debt that has been— (a) shown in the debtor's application for the summary instalment...

  
  
• Section 336 of Insolvency Act CAP 53: Supervisor to give notice of summary instalment order to creditors
  

  (1) The supervisor shall send a notice of the summary instalment order to every creditor— (a) who is known to the supervisor; (b) whose name is shown on the debtor's application for the order; or (c) who has proved a debt under section 340. (2) A supervisor who, without reasonable excuse, fails to...

  
  
• Section 337 of Insolvency Act CAP 53: Public register of debtors subject to current summary instalment order
  

  (1) The Official Receiver shall establish and maintain a public register of persons who are subject to current summary instalment orders. (2) The Official Receiver shall maintain the register in accordance with Division 2 of Part XII.

  
  
• Section 338 of Insolvency Act CAP 53: When summary instalment order ceases to be current
  

  A summary instalment order is not current if it has been discharged or all the instalments required to be paid under the order have been paid in accordance with the order.

  
  
• Section 339 of Insolvency Act CAP 53: Claims of creditors when summary instalment has effect
  

  (1) A creditor who has proved the creditor's debt to the satisfaction of the supervisor is entitled to be included as a creditor in the administration of the debtor's estate under the summary instalment order for the amount of the debt. (2) A creditor may object to the supervisor's acceptance or...

  
  
• Section 340 of Insolvency Act CAP 53: Payment of debtor's earnings to supervisor
  

  (1) This section applies if the supervisor, under a power conferred by a summary instalment order made by the Official Receiver, directs the debtor's employer to pay the debtor's earnings, or part of them, to the supervisor. (2) The amounts that the employer shall pay to the supervisor are...

  
  
• Section 341 of Insolvency Act CAP 53: Consequences of default by debtor to pay amount due under summary instalment order
  

  (1) A debtor who fails to pay an amount due under a summary instalment order is presumed, unless the contrary is proved— (a) to have been able to pay the amount from the date of the order; and (b) to have refused or neglected to pay it. (2) If the debtor fails to make a payment in accordance with...

  
  
• Section 342 of Insolvency Act CAP 53: Offence for debtor to obtain credit while summary instalment order has effect
  

  (1) A debtor in respect of whom a summary instalment order is in effect commits an offence if, before all creditors have been paid the amounts to which they are entitled under the order, the debtor— (a) alone or jointly with another person, obtains credit of one hundred thousand shillings or...

  
  
• Section 343 of Insolvency Act CAP 53: Division 3: introduction
  

  This Division prescribes a procedure for dealing with a debtor who has no realisable assets.

  
  
• Section 344 of Insolvency Act CAP 53: Application for entry to no-asset procedure
  

  (1) A debtor who meets the criteria set out in section 345 may apply to the Official Receiver for entry to the no-asset procedure. (2) A debtor can apply for entry to the no-asset procedure by completing the following documents and lodging them with the Official Receiver— (a) an application in the...

  
  
• Section 345 of Insolvency Act CAP 53: Criteria for entry to no-asset procedure
  

  (1) The Official Receiver shall admit a debtor to the no-asset procedure if satisfied on reasonable grounds that— (a) the debtor has no realisable assets; (b) the debtor has not previously been admitted to the no-asset procedure; (c) the debtor has not previously been adjudged bankrupt; (d) the...

  
  
• Section 346 of Insolvency Act CAP 53: Debtor disqualified from entry to no-asset procedure in certain cases
  

  The Official Receiver shall not admit a debtor to the no-asset procedure if satisfied, on reasonable grounds, that— (a) the debtor has concealed assets with the intention of defrauding the debtor's creditors (such as by transferring property to a trust); (b) the debtor has engaged in conduct that...

  
  
• Section 347 of Insolvency Act CAP 53: Official Receiver to notify creditors
  

  As soon as practicable after receiving an application from a debtor for entry to the no-asset procedure, the Official Receiver shall send a summary of the debtor's assets and liabilities to each known creditor of the debtor.

  
  
• Section 348 of Insolvency Act CAP 53: Restrictions on debtor obtaining credit after application made
  

  (1) A debtor who has applied for entry to the no-asset procedure shall not obtain credit (including credit under a credit purchase transaction), either alone or jointly with another person, of more than ten thousand shillings without first informing the credit provider that the debtor has applied...

  
  
• Section 349 of Insolvency Act CAP 53: When debtor admitted to no-asset procedure
  

  (1) A debtor is admitted to the no-asset procedure when the Official Receiver sends the debtor a notice in the form prescribed by the insolvency regulations for the purposes of this section. (2) As soon as practicable after a debtor is admitted to the no-asset procedure, the Official Receiver...

  
  
• Section 350 of Insolvency Act CAP 53: Public register of persons admitted to no-asset procedure
  

  (1) The Official Receiver shall establish and maintain a public register of persons admitted to the noasset procedure and persons discharged from that procedure under section 359. (2) The Official Receiver shall maintain the register in accordance with Division 2 of Part XI.

  
  
• Section 351 of Insolvency Act CAP 53: Creditors may not enforce debts of debtor admitted to no-asset procedure
  

  (1) A creditor of a debtor may not, after the debtor has been admitted to the no-asset procedure, begin or continue any step to recover or enforce a debt— (a) that the debtor owes to the creditor at the time when the debtor applies for entry to the noasset procedure; and (b) that would be provable...

  
  
• Section 352 of Insolvency Act CAP 53: Debtor's duties after entry to no-asset procedure
  

  (1) On being required by the Official Receiver to do so, the debtor shall provide the Official Receiver with such assistance, documents and information as are reasonably necessary in order to apply the no-asset procedure to the debtor. (2) As soon as practicable after any change occurs in the...

  
  
• Section 353 of Insolvency Act CAP 53: Offence for person admitted to no-asset procedure to obtain credit
  

  (1) A person who, while admitted to the no-asset procedure— (a) alone or jointly with another person, obtains credit of one hundred thousand shillings or more; (b) incurs liability to a credit provider for one hundred thousand shillings or more for the purpose of obtaining credit for another...