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 694 of Insolvency Act CAP 53: Offences by bodies corporate
  

  (1) If— (a) a body corporate commits an offence to which this section applies; and (b) the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate or any person purporting to act as such, the...

  
  
• Section 695 of Insolvency Act CAP 53: Admissibility in evidence of statement prepared for purpose of provision of this Act or the insolvency regulations
  

  (1) In any proceedings (whether under this Act or any other written law)— (a) a statement of the financial position or affairs of a bankrupt, company or other person prepared for the purpose of any provision of this Act; and (b) any other statement made for the purpose of complying with a...

  
  
• Section 696 of Insolvency Act CAP 53: Legal proceeding under this Act not to be invalidated or set because of a defect unless person detrimentally affected
  

  (1) A proceeding under this Act may not be invalidated or set aside for a defect in a step that is required to be taken as part of, or in connection with, the proceeding, unless a person is detrimentally affected by the defect. (2) The Court may order the defect to be corrected, and may order the...

  
  
• Section 697 of Insolvency Act CAP 53: Power to make insolvency procedure rules
  

  (1) The Rules Committee, with the addition of the Official Receiver, may make rules providing for either or both of the following— (a) the procedure of the Court under this Act; (b) appeals to the Court of Appeal from decisions of the Court under this Act. (2) Matters that may be dealt with by...

  
  
• Section 698 of Insolvency Act CAP 53: Power of the Court to review, rescind or vary order made under this Act
  

  The Court may review, rescind, or vary any order of the Court under this Act.

  
  
• Section 699 of Insolvency Act CAP 53: Right of appeal to Court of Appeal
  

  (1) Any person dissatisfied with a decision of the Court under this Act may appeal to the Court of Appeal against the decision. (2) Except as otherwise expressly provided by this Act, a notice of appeal does not stay proceedings under the decision under appeal unless the Court or the Court of...

  
  
• Section 700 of Insolvency Act CAP 53: Suspension of bankruptcy, liquidation or administration pending determination of appeal
  

  (1) If an appeal has been lodged against a bankruptcy order or an order for the liquidation or administration of a company, any interested person may apply to the Court or the Court of Appeal for an order suspending the order until the appeal is decided. (2) The Court or Court of Appeal may suspend...

  
  
• Section 701 of Insolvency Act CAP 53: Appointment of Official Receiver and others
  

  (1) The Cabinet Secretary shall, as and when necessary, appoint suitably qualified persons to the positions of— (a) Official Receiver; and (b) one or more Deputy Official Receivers. (2) The Official Receiver and the Deputy Official Receivers are officers of the Court. (3) In performing their...

  
  
• Section 702 of Insolvency Act CAP 53: Deputy Official Receiver may act on behalf of Official Receiver
  

  A Deputy Official Receiver may act for, or in the place of, the Official Receiver or another Deputy Official Receiver, and in that capacity has all the authority and powers of the Official Receiver or Deputy Official Receiver for whom, or in whose place, he or she acts.

  
  
• Section 703 of Insolvency Act CAP 53: Incorporation of Official Receiver as a corporation sole
  

  (1) The Official Receiver is, for the purpose of performing the functions imposed and exercising the powers to be conferred on the Official Receiver by or under this or any other Act, incorporated as a corporation sole with the corporate name "Official Receiver in Insolvency". (2) As a corporation...

  
  
• Section 704 of Insolvency Act CAP 53: Vacation of office by Official Receiver and Deputy Official Receiver
  

  (1) The office of Official Receiver or Deputy Official Receiver becomes vacant if— (a) the person dies; (b) the person's term of office expires without the person being reappointed; (c) the person resigns the office by letter in writing addressed to the Cabinet Secretary and the Cabinet Secretary...

  
  
• Section 705 of Insolvency Act CAP 53: Protection of Official Receiver and Deputy Official Receivers from liability
  

  Neither the Official Receiver nor a Deputy Official Receiver is liable in civil proceedings for any act that the Official Receiver or Deputy Official Receiver has done or omitted to do for the purpose of performing or exercising in good faith any function or power imposed or conferred on the...

  
  
• Section 706 of Insolvency Act CAP 53: Official Receiver and Deputy Official Receivers may charge fees
  

  (1) The Official Receiver and Deputy Official Receivers may charge fees for performing their official functions, and exercising their official powers, at the rates (if any) prescribed by the insolvency regulations. (2) The Official Receiver shall ensure that all fees charged under subsection (1)...

  
  
• Section 707 of Insolvency Act CAP 53: Rates of Official Receiver's fees
  

  (1) The insolvency regulations may fix or prescribe the amount or rates of fees chargeable under section 706. (2) Those regulations may, for example, prescribe— (a) hourly or other rates; (b) different rates for work done in the bankruptcy by different classes of persons; (c) rates by reference...

  
  
• Section 708 of Insolvency Act CAP 53: Insolvency Services Account to be established and maintained
  

  (1) The Official Receiver shall establish in the Central Bank of Kenya an account, to be called the "Insolvency Services Account". (2) The Official Receiver shall pay into the Insolvency Services Account all money received or recovered by the Official Receiver in the performance and exercise of the...

  
  
• Section 709 of Insolvency Act CAP 53: Official Receiver to pay certain unclaimed dividends and undistributed balances into Insolvency Services Account
  

  The Official Receiver shall from time to time pay into the Consolidated Fund out of the Insolvency Services Account so much of the amounts standing to the credit of that Account as represents— (a) dividends which were declared before such date as the National Treasury may from time to time...

  
  
• Section 710 of Insolvency Act CAP 53: Application of Division 2
  

  This Division applies to a public register established under section 47, 337 or 350.

  
  
• Section 711 of Insolvency Act CAP 53: Official Receiver to ensure access to public registers
  

  (1) The Official Receiver shall ensure that all public registers are available for access and inspection by members of the public during the Official Receiver's ordinary business hours. (2) However, the Official Receiver may refuse access to a public register or suspend the operation of a public...

  
  
• Section 712 of Insolvency Act CAP 53: Purposes of public registers
  

  (1) The public register kept under section 47 has— (a) the purpose of providing information about bankrupts and discharged bankrupts; and (b) the further purposes specified in subsection (4). (2) The public register kept under section 336 has— (a) the purpose of providing information about...

  
  
• Section 713 of Insolvency Act CAP 53: General information to be included in public registers
  

  (1) The Official Receiver shall ensure that the public registers contain the prescribed information in respect of the following persons— (a) a person who is or has been bankrupt; (b) a person who is subject to a current summary instalment order; (c) a person who is currently admitted to the no...

  
  
• Section 714 of Insolvency Act CAP 53: Information kept indefinitely on public register after multiple insolvency events
  

  (1) This section applies to a person who— (a) is or has been bankrupt on two or more occasions; or (b) is or has been both bankrupt and discharged from the no asset procedure under section 358. (2) The Official Receiver shall ensure that information about a person to whom this section applies is...

  
  
• Section 715 of Insolvency Act CAP 53: Restricted information that may be included in public register relating to bankruptcies
  

  (1) The public register kept under section 47 may contain any or all of the documents set out in section 101 in respect of a bankrupt or former bankrupt. (2) The Official Receiver shall ensure that a person only has access to the documents contained in the public register under subsection (1) in...

  
  
• Section 716 of Insolvency Act CAP 53: When Official Receiver may omit, remove, restrict access to, or amend, information contained in a public register
  

  (1) The Official Receiver may omit, remove, or restrict access to information contained in a public register in respect of a person if the Official Receiver considers that the disclosure of the information via the public register would be prejudicial to the person's safety or welfare or the safety...

  
  
• Section 717 of Insolvency Act CAP 53: Right of members of public to inspect registers
  

  (1) A person may inspect the public registers only in accordance with this Act and such provisions (if any) of the insolvency regulations as relate to the inspection of the public registers. (2) The public registers relating to bankruptcies, summary instalment orders or the no-asset procedure may...

  
  
• Section 718 of Insolvency Act CAP 53: Information contained in public registers may be used for statistical or research purposes
  

  Nothing in this Division prevents the use of information contained in the public registers for statistical or research purposes if the information— (a) does not identify anyone; and (b) is not published in any form that could reasonably be expected to identify anyone.

  
  
• Section 719 of Insolvency Act CAP 53: Government and Official Receiver not liable for certain acts and omissions
  

  Neither the Government nor the Official Receiver may be sued for any act or omission in relation to the maintenance of a public register under this Division done or omitted to be done in good faith and with reasonable care.

  
  
• Section 720 of Insolvency Act CAP 53: Cross border insolvency
  

  The United Nations Commission on International Trade Law (Model Law on Cross-Border Insolvency) has the force of law in Kenya in the form set out in the Fifth Schedule.

  
  
• Section 721 of Insolvency Act CAP 53: Representation of bodies corporate at meetings
  

  (1) A body corporate that is a creditor or debenture-holder may by resolution of its directors or other governing body authorise a person or persons to act as its representative or representatives— (a) at any meeting of the creditors of a company held in accordance with this Act or of the...

  
  
• Section 722 of Insolvency Act CAP 53: Courts, Official Receiver and others to publish orders and notices on their respective websites
  

  (1) As soon as practicable after the Court has made an order under a provision of this Act, the Registrar of the Court shall publish on the Court's website a copy of the order or a summary of its contents sufficient to inform creditors and other interested persons of the effect of the order. (2) If...

  
  
• Section 723 of Insolvency Act CAP 53: Official Receiver, bankruptcy trustees, liquidators and administrators to notify creditors of prescribed steps in the insolvency process
  

  (1) If an interim trustee or bankruptcy trustee takes a prescribed step in the bankruptcy process relating a bankrupt, that trustee shall, by notice, give to all creditors of the bankrupt of whom that trustee is aware the prescribed details of the step taken. (2) If a liquidator or provisional...