- Section 723A of Insolvency Act CAP 53: Information by insolvency practitioner
(1) A creditor may request information from a relevant insolvency practitioner and the insolvency practitioner shall provide the information within— (a) five business days after receiving the request; or
(b) such longer period as may be agreed upon between the creditor and the insolvency...
- Section 724 of Insolvency Act CAP 53: Certain transactions relating to bankrupt's estate exempt from stamp duty
Stamp duty is not payable in respect of—
(a) any transfer or other document relating solely to property that is comprised in a bankrupt's estate and that, after the execution of that document, is or remains at law or in equity the property of the bankrupt or of the bankruptcy trustee in respect of...
- Section 725 of Insolvency Act CAP 53: Re-direction of bankrupt's correspondence
(1) If a bankruptcy order has been made, the Court may, from time to time, on the application of the Official Receiver or of the bankruptcy trustee in respect of the bankrupt's estate, order Posta Kenyato re-direct and send or deliver to the Official Receiver or bankruptcy trustee or otherwise any...
- Section 726 of Insolvency Act CAP 53: Supply of utility services to bankrupts and others
(1) In this section—
(a) "communications services" do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services; and
(b) "the relevant office-holder" means the Official Receiver, the bankruptcy trustee, the interim trustee...
- Section 727 of Insolvency Act CAP 53: Order for production of documents by Kenya Revenue Authority
(1) For the purposes of any proceedings against a debtor or bankrupt under Part III (including a public examination of a bankrupt), the Court may, on the application of the Official Receiver or the bankruptcy trustee in respect of the bankrupt's estate, order the Kenya Revenue Authority to produce...
- Section 728 of Insolvency Act CAP 53: Cabinet Secretary to prepare annual report
Not later than three months after the end of 2015 and each subsequent calendar year, the Cabinet Secretary shall prepare a report about the operation of this Act during that year and arrange for a copy of the report to be laid before each House of Parliament.
- Section 729 of Insolvency Act CAP 53: Service of documents, etc., for the purposes of this Act
(1) A document that is required or permitted by or under this Act to be served on, or given to, a natural person may be served on, or given to, the person personally or by means of a letter addressed to the person at the person's address last known to the server or giver of the document.
(2) A...
- Section 730 of Insolvency Act CAP 53: Power of Cabinet Secretary to make insolvency regulations for the purposes of this Act
(1) The Cabinet Secretary may make insolvency regulations prescribing matters— (a) required or permitted by this Act to be prescribed by insolvency regulations; or
(b) necessary or convenient to be so prescribed for carrying out or giving full effect to this Act.
(2) In particular, the Cabinet...
- Section 731 of Insolvency Act CAP 53: Act to bind the Government
This Act binds the Government.
- Section 732 of Insolvency Act CAP 53: Repeal of Bankruptcy Act and revocation of subsidiary legislation (Cap. 53, sub. leg)
(1) The provisions of the Bankruptcy Act (Cap. 53) are repealed on such date or such different dates as the Cabinet Secretary may appoint by notice published in the Gazette.
(2) When bringing provisions of this Act into operation by a notice made under section 1(3) of this Act, the Cabinet...
- Section 733 of Insolvency Act CAP 53: Transitional provisions: insolvency of natural persons
(1) In this section—
"the commencement" means the coming into operation of Parts III to V;
"past event" means any of the following that has occurred before the commencement— (a) issuing a bankruptcy notice;
(b) making an application for a bankruptcy order; either by a creditor or the debtor;...
- Section 734 of Insolvency Act CAP 53: Transitional provisions: Winding up and insolvency of companies
(1) In this section—
“the commencement" means the coming into operation of Parts VI to X;
"past event" means any of the following that has occurred before the commencement:
(a) the passing by the company of a special resolution resolving that the company be wound up;
(b) the making of an...
- Section 735 of Insolvency Act CAP 53: Power of Cabinet Secretary to make savings and transitional regulations
(1) The Cabinet Secretary may make regulations containing provisions of a savings or transitional nature relating to the transition from the application of the repealed Bankruptcy Act and the relevant provisions of the repealed Companies Act to the application of this Act.
(2) Any such provision...
- Section 1 of Marriage Act CAP 150: Short title
This Act may be cited as the Marriage Act.
- Section 2 of Marriage Act CAP 150: Interpretation
In this Act, unless the context otherwise requires—
"child" means an individual who has not attained the age of eighteen years;
"cohabit" means to live in an arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage;
"conciliatory body"...
- Section 3 of Marriage Act CAP 150: Meaning of marriage
(1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act.
(2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the...
- Section 4 of Marriage Act CAP 150: Minimum age
A person shall not marry unless that person has attained the age of eighteen years.
- Section 5 of Marriage Act CAP 150: Witnesses to a marriage
(1) A marriage conducted under this Act shall be witnessed by two competent witnesses.
(2) A person is not competent to act as a witness if that person is—
(a) below the age of eighteen years;
(b) otherwise not competent to enter into a contract because of—
(i) mental disability rendering that...
- Section 6 of Marriage Act CAP 150: Kinds of marriages
(1) A marriage may be registered under this Act if it is celebrated— (a) in accordance with the rites of a Christian denomination;
(b) as a civil marriage;
(c) in accordance with the customary rites relating to any of the communities in Kenya;
(d) in accordance with the Hindu rites and...
- Section 7 of Marriage Act CAP 150: Declaration of marriage registration areas
The Cabinet Secretary may, by notice in the Gazette, declare any area of Kenya to be a registration area for the purposes of this Act.
- Section 8 of Marriage Act CAP 150: Conversion of marriages
(1) A marriage may be converted from being a potentially polygamous marriage to a monogamous marriage if each spouse voluntarily declares the intent to make such a conversion.
(2) A polygamous marriage may not be converted to a monogamous marriage unless at the time of the conversion the husband...
- Section 9 of Marriage Act CAP 150: Subsisting marriages
Subject to section 8, a married person shall not, while—
(a) in a monogamous marriage, contract another marriage; or
(b) in a polygamous or potentially polygamous marriage, contract another marriage in any monogamous form.
- Section 10 of Marriage Act CAP 150: Prohibited marriage relationship
(1) A person shall not marry—
(a) that person’s grandparent, parent, child, grandchild, sister, brother, cousin, great aunt, great uncle, aunt, uncle, niece, nephew, great niece or great nephew;
(b) the grandparent, parent, child or grandchild of that person’s spouse or former spouse;
(c) the...
- Section 11 of Marriage Act CAP 150: Void marriages
(1) A union is not a marriage if at the time of the making of the union—
(a) either party is below the minimum age for marriage;
(b) the parties are within the prohibited marriage relationship;
(c) either party is incompetent to marry by reason of a subsisting marriage;
(d) by order made under...
- Section 12 of Marriage Act CAP 150: Voidable marriages
Subject to section 11, a marriage is voidable if— (a) at the date of the marriage—
(i) either party was and has ever since remained incapable of consummating it;
(ii) either party was and has ever since remained subject to recurrent attacks of insanity;
(b) there was a failure to give notice of...
- Section 13 of Marriage Act CAP 150: Spouses and the law of tort
Despite the provisions of any other written law—
(a) a spouse shall not be liable for the torts of the other spouse by reason of being a spouse;
(b) spouses have the same liability in tort towards each other as if they were not married; and
(c) a spouse shall be entitled to claim, in any action...
- Section 14 of Marriage Act CAP 150: Arrangement to live apart
(1) The parties to a civil marriage may agree to live apart for one year and any such agreement shall be valid and enforceable, and shall be filed with the court.
(2) Despite subsection (1), the court may vary or set aside the agreement or any of its provisions if the court is satisfied that since...
- Section 15 of Marriage Act CAP 150: Rights of widow and widowers
(1) A widow or widower may re-marry.
(2) A widow or a widower may elect not to re-marry.
- Section 16 of Marriage Act CAP 150: Duration of marriage
A marriage registered under this Act subsists until it is determined by— (a) the death of a spouse;
(b) a decree declaring the presumption of the death of a spouse;
(c) a decree of annulment;
(d) a decree of divorce; or
(e) a decree of divorce or annulment obtained in a foreign country and...
- Section 17 of Marriage Act CAP 150: Christian marriages
This Part applies to a marriage where a party to the marriage professes the Christian religion.