Act and Laws in Kenya

(1) On registering a change in a registered foreign company’s name, theRegistrar shall issue to the company a certificate, under the Registrar’s common seal and in the prescribed form, certifying the company’s registration with that name. (2) A certificate under subsection (1) is conclusive...

(1) The Registrar may not register a foreign company under this Part unless the company has at least one local representative in relation to whom the foreign company has complied with the prescribed requirements of the foreign companies regulations relating to local representatives of foreign...

(1) Within one month after a registered foreign company has appointed a person as a local representative of the company in Kenya, the company shall lodge with the Registrar for registration a notice of the appointment, specifying the person’s name and residential address and such other particulars...

(1) A local representative of a registered foreign company— (a) is answerable for the doing of all acts, matters and things that the company is required by or under this Act to do; and (b) is personally liable to a penalty imposed on the company for a contravention of, or failure to comply with,...

(1) A registered foreign company shall not carry on business at a place in Kenya unless the company has lodged with the Registrar for registration a notice containing the prescribed particulars of that place. (2) A registered foreign company does not contravene subsection (1) in respect of a place...

(1) A registered foreign company shall establish and maintain a registered office in Kenya to which all communications and notices may be addressed. (2) The company shall ensure— (a) that its registered office is kept open on each business day from at least 10 a.m. to 12 noon and from at least 2...

(1) A registered foreign company shall paint or affix and keep painted or affixed, in a conspicuous position and in letters easily legible, on the outside of every office and place (including its registered office) that is in Kenya, at which its business is carried on and that is open and accessible...

(1) A registered foreign company shall— (a) state its name and other specified information in prescribed classes of documents and communications relating to its business in Kenya; and (b) provide prescribed information on request to those with whom it deals in the course of carrying on its...

(1) A registered foreign company shall, within one month after a change occurs in— (a) its constitution or any other document lodged in relation to the company; (b) its directors; (c) the powers of any directors who reside in Kenya and members of a Kenyan board of directors of the company;...

(1) Subject to this section, a registered foreign company shall, at least once in every calendar year and at intervals of not more than fifteen months, lodge a copy of its financial statement made up to the end of its last financial year, in such form and containing such particulars, and including...

(1) The foreign companies regulations may provide for the registration ofspecified charges over property in Kenya of a registered foreign company. (2) Those regulations may provide for— (a) the circumstances in which property is to be regarded, as being, or not being, in Kenya or in a particular...

(1) A registered foreign company shall, as and when required to do so by theRegistrar, provide the Registrar with such returns, containing such information, relating to the company as the Registrar may reasonably require. (2) If a registered foreign company fails to comply with subsection (1),...

If a provision of this Part, or of the foreign companies regulations, requires a registered foreign company to register particulars of a natural person’s usual residential address, the provision is required to include provisions that safeguard that address from disclosure.

(1) Within one month after a registered foreign company has ceased to carryon business in Kenya, each person who, on the day when the company’s business in Kenya ceased, was a local representative of the company in Kenya shall lodge with the Registrar for registration a notice of that...

(1) On forming a reasonable belief that a registered foreign company— (a) is not carrying on business in Kenya (otherwise than as a result of a notice lodged under section 991); or (b) is carrying on such a business without having a local representative, the Registrar may send to the company a...

(1) If the Registrar is satisfied that a foreign company’s name was struck off the Foreign Companies Register as a result of an error on the Registrar’s part, the Registrar may restore the foreign company’s name to that Register, and if the Registrar does so, the foreign company’s name is taken...

(1) The Registrar shall establish and maintain a register, called the Foreign Companies Register. (2) The Registrar shall enter in the Foreign Companies Register the names and prescribed particulars of all registered foreign companies, and may enter in the Register such other particulars in respect...

(1) The Cabinet Secretary may make regulations (called foreign companies regulations) prescribing matters— (a) required or permitted by this Part to be prescribed by regulations; or (b) necessary or convenient to be prescribed by such regulations for carrying out or giving effect to this...

(1) If a provision of this Act provides that an officer of a company who is in default commits an offence, the officer commits the offence only if the officer— (a) authorises or permits; (b) participates in; or (c) fails to take all reasonable steps to prevent, the contravention of the act or...

(1) Deleted by Act No. 28 of 2017, s. 55(b). (2) In its application to a body corporate other than a company, section 996 is to be read as if— (a) the reference to a director of the company were— (i) if the body's affairs are managed by its members, a reference to a member of the body; (ii) in...

(1) Proceedings for an offence under this Act alleged to have been committed by an unincorporated body may be brought only in the name of the body (and not in that of any of its members). (2) For the purposes of any such proceedings, rules of Court relating to theservice of documents have effect as...

A person who is prosecuted for an offence under this Act is not obliged to disclose any information that the person is entitled to refuse to disclose because the information is protected by legal professional privilege.

(1) An application for an order under subsection (2) may be made to the Court by the Attorney General, the Director of Public Prosecutions or the Inspector General of Police. (2) If, on the hearing of an application under subsection (1), the Court is of the opinion— (a) that a person has, while an...

(1) A Court or magistrate may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Attorney General, or by a person appointed or authorised to exercise powers under this Part, that there are reasonable grounds for believing that there are on any...

(1) If a business of a company is carried on with intent to defraud creditorsof the company or creditors of any other person, or for any fraudulent purpose, each person who knowingly participates in carrying on the business in that manner commits an offence. (2) Subsection (1) applies whether or...

(1) In this section— “aggrieved person” means a person who claims that a relevant person is liable, or may be or may become liable, to pay money to the first-mentioned person (whether in respect of a debt, as damages or compensation or otherwise, or to account for financial products or other...

(1) The Attorney General or a person who claims to have been, to be or to be about to be adversely affected— (a) by the past or continuing conduct of, or by a threat to engage in conduct made by, a person referred to in subsection (2); or (b) by the past or continuing refusal or failure, or by a...

(1) If, in proceedings for negligence, default, breach of duty or breach of trust against a person who— (a) is an officer of a company; or (b) is employed by a company as auditor (whether or not the person is an officer of the company), it appears to the court hearing the proceedings that,...

(1) A company can— (a) keep its records in hard copy or electronic form; and (b) arrange them in such manner as the directors of the company consider to be appropriate for the efficient operation of the company, so long as it ensures that the information contained in the records is accessible for...

(1) The regulations may specify places other than a company’s registered office at which records of the company that are required to be kept available for inspection under a provision of this Act may be so kept in compliance with that provision. (2) For the purposes of subsection (1), the company...