Act and Laws in Kenya

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• Evidence Act
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• 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 623 of Insolvency Act CAP 53: Certain specified period can be varied by consent
  

  (1) A period specified in section 566(5) or 568(1) may be varied in respect of a company by the administrator with consent. (2) In subsection (1), "consent" means— (a) the consent of each secured creditor of the company; and (b) if the company has unsecured debts, the consents of creditors whose...

  
  
• Section 624 of Insolvency Act CAP 53: Interpretation: Division 1
  

  In this Division— "prescribed publication", in relation to a company, means— (a) a newspaper circulating in the area in which the company carries on business; (b) the company's website (if any); or (c) any other publication of a description prescribed by the insolvency regulations for the...

  
  
• Section 625 of Insolvency Act CAP 53: Proposal for voluntary arrangement
  

  (1) The directors of a company may make a proposal under this Division to the company and to its creditors for a voluntary arrangement under which the company enters into a composition in satisfaction of its debts or a scheme for arranging its financial affairs. (2) In making such a proposal, the...

  
  
• Section 626 of Insolvency Act CAP 53: Procedure if provisional supervisor is not the liquidator or administrator
  

  (1) This section applies if the provisional supervisor in respect of a director's proposal is not the liquidator or administrator of the company and the directors do not propose to take steps to obtain a moratorium for the company under Division 2. (2) The provisional supervisor shall, within...

  
  
• Section 627 of Insolvency Act CAP 53: Provisional supervisor to convene meetings of company and of its creditors
  

  (1) If the provisional supervisor appointed under section 625 is not the liquidator or administrator and has reported to the Court that the meetings referred to in section 626(2) should be convened, that supervisor shall, unless the Court otherwise directs, convene those meetings to be held on the...

  
  
• Section 628 of Insolvency Act CAP 53: Conduct of meetings of company and its creditors
  

  (1) The main purpose of a meeting convened under section 627 is to decide whether to approve the proposal or that proposal with modifications. (2) At the beginning of a creditors' meeting, the meeting shall elect one of their number to be Chairperson of the meeting. (3) At the first meeting of the...

  
  
• Section 629 of Insolvency Act CAP 53: Approval of proposal for voluntary arrangement
  

  (1) This section applies to the decisions taken at the meeting of the company and the meeting of the company's creditors held in accordance with section 628 to consider a directors' proposal (with or without modifications). (2) The proposal (including any modifications) is approved if— (a) it is a...

  
  
• Section 630 of Insolvency Act CAP 53: Approved proposal to take effect as voluntary arrangement and to be binding on company and its creditors
  

  (1) A directors' proposal (with or without modifications) takes effect as a voluntary arrangement by the company on the day after the date on which it is approved by the Court by order made under section 629(7)(a) or on such later date as may be specified in the order. (2) On taking effect, a...

  
  
• Section 631 of Insolvency Act CAP 53: Certain persons may challenge decisions relating to approved voluntary arrangement by making application to the Court
  

  (1) The following persons may make an application to the Court for an order under this section— (a) a person who was entitled to vote at the meeting of the company or the meeting of its creditors; (b) a person who would have been so entitled if the person had had notice of the relevant...

  
  
• Section 632 of Insolvency Act CAP 53: Offences involving false representations and fraudulent acts by company officers
  

  (1) An officer of a company who— (a) makes a false representation for the purpose of obtaining the approval of the members or creditors of a company to a proposal for a voluntary arrangement; or (b) fraudulently does, or omits to do, any act for that purpose, commits an offence and on conviction...

  
  
• Section 633 of Insolvency Act CAP 53: Implementation of approved voluntary arrangement
  

  (1) When a proposal takes effect as a voluntary arrangement, the supervisor becomes responsible for implementing the arrangement in the interests of the company and its creditors and monitoring compliance by the company with the terms of the arrangement. (2) If, in relation to a voluntary...

  
  
• Section 634 of Insolvency Act CAP 53: Prosecution of delinquent officers of company
  

  (1) This section applies if— (a) a moratorium under has been obtained for a company under this Division; or (b) the approval of a voluntary arrangement in relation to a company has taken effect under section 630 or 666. (2) If it appears to the supervisor that any past or present officer of the...

  
  
• Section 635 of Insolvency Act CAP 53: When voluntary arrangement comes to an end prematurely
  

  For the purposes of this Division, a voluntary arrangement the approval of which has taken effect under section 630(1) ends prematurely if, when it ceases to have effect, it has not been fully implemented in respect of all persons bound by the arrangement because of section 630(2).

  
  
• Section 636 of Insolvency Act CAP 53: Interpretation: Part 2
  

  (1) In this Part— "agreement" includes an agreement or undertaking effected by contract, deed or any other document intended to have effect in accordance with the law of Kenya or another jurisdiction; "beginning of the moratorium" has the meaning given by section 645(1); "lodgement date" means the...

  
  
• Section 637 of Insolvency Act CAP 53: Application of Part 2
  

  This Division has effect with respect to— (a) companies eligible for a moratorium; (b) the procedure for obtaining such a moratorium; (c) the effects of such a moratorium; and (d) deleted by Act No. 1 of 2021.

  
  
• Section 638 of Insolvency Act CAP 53: Eligible companies
  

  A company is eligible to obtain a moratorium if it— (a) complies with such requirements (if any) as may be prescribed by the insolvency regulations; (b) is not declared to be an ineligible company by another provision of this Part; and (c) is financially distressed.

  
  
• Section 639 of Insolvency Act CAP 53: Banking and insurance companies ineligible to obtain moratorium
  

  The following companies are ineligible companies for the purposes of section 638: (a) a company that holds a licence granted under section 5 of the Banking Act (Cap. 488) authorising it to carry on a banking business, a financial business or the business of a mortgage finance company; (b) a company...

  
  
• Section 640 of Insolvency Act CAP 53: Companies under administration, etc., ineligible to obtain moratorium
  

  (1) The following companies are also ineligible companies for the purpose of section 638— (a) a company that is under administration; (b) a company that is in liquidation; (c) a company in respect of which a voluntary arrangement already has effect; (d) a company in respect of which a...

  
  
• Section 641 of Insolvency Act CAP 53: Certain projects companies ineligible
  

  (1) A company is also an ineligible company for the purposes of section 638 if, on the lodgement date, it is a project company of a project that is a public-private partnership project and includes step-in rights. (2) In subsection (1), "public-private partnership project" means a project— (a) the...

  
  
• Section 643 of Insolvency Act CAP 53: What steps company's directors have to take to obtain a moratorium
  

  (1) Deleted by Act No. 1 of 2021 (2) If the directors of an eligible company wish to obtain a moratorium, they shall— (a) prepare— (i) a document setting out why a moratorium is desirable, which may include evidence that it will assist in agreeing an informal restructuring or other agreement with...

  
  
• Section 644 of Insolvency Act CAP 53: What directors have to do to obtain moratorium
  

  (1) To obtain a moratorium, the directors of a company shall lodge with the Court— (a) the documents referred to in section 643(2)(a); (b) a statement to the effect that the company is eligible for a moratorium and the basis of that eligibility; (c) a statement from the monitor that the monitor...

  
  
• Section 645 of Insolvency Act CAP 53: Duration of moratorium
  

  (1) A moratorium takes effect when the documents specified in section 644(1) are lodged with the Court. (2) A moratorium ends after thirty days from and including the day on which the moratorium takes effect, unless the moratorium period is extended under section 669. (3) Deleted by Act No. 1 of...

  
  
• Section 646 of Insolvency Act CAP 53: What happens when moratorium takes effect
  

  (1) When a moratorium takes effect in respect of a company, the directors of the company shall immediately give notice of that fact to the monitor. (2) If subsection (1) is not complied with, each of the directors who is in default commits an offence and on conviction is liable to a fine not...

  
  
• Section 647 of Insolvency Act CAP 53: Duty of monitor to publish and give notice that moratorium has taken effect
  

  (1) As soon as practicable after being notified that a moratorium has taken effect, the monitor shall— (a) publish— (i) once in the Gazette; (ii) once in at least two newspapers circulating in the area in which the company has its principal place of business in Kenya; and (iii) on the company's...

  
  
• Section 648 of Insolvency Act CAP 53: Notification of end of moratorium to be given by monitor
  

  (1) Within fourteen days after a moratorium has come to an end, the monitor shall— (a) publish— (i) once in the Gazette; (ii) once in at least two newspapers circulating in area in which the company has its principal place of business in Kenya; and (iii) on the company's website (if any), a...

  
  
• Section 649 of Insolvency Act CAP 53: Effect of moratorium on creditors and others
  

  (1) While a moratorium has effect in respect of a company— (a) an application for liquidation of the company may not be made; (b) a meeting of the company may be convened or requisitioned— (i) only with the consent of the monitor or with the approval of the Court; and (ii) if the Court gives...

  
  
• Section 651 of Insolvency Act CAP 53: Security not to be enforced unless it would benefit the company
  

  Security given by a company at a time when a moratorium has effect in relation to the company can be enforced only if, at that time, reasonable grounds existed for believing that the security would benefit the company.

  
  
• Section 652 of Insolvency Act CAP 53: Application of sections 653 to 657 to company in respect of which a moratorium has effect
  

  (1) Sections 653 to 657 apply to a company in respect of which a moratorium currently has effect. (2) The fact that a company enters into a transaction in contravention of a provision of sections 653 to 657 does not of itself— (a) render the transaction void; or (b) make it unenforceable against...

  
  
• Section 653 of Insolvency Act CAP 53: Company invoices and other documents to state monitor's name and that moratorium has effect
  

  (1) A company in respect of which a moratorium has effect shall ensure that every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company, and all the company's websites, specifies— (a) the...

  
  
• Section 654 of Insolvency Act CAP 53: Restrictions on company obtaining credit during moratorium
  

  (1) A company in respect of which a moratorium has effect may not obtain credit exceeding twentyfive thousand shillings from a person who has not been informed that a moratorium has effect in respect of the company. (2) The reference to the company obtaining credit includes (but is not limited to)...