Act and Laws in Kenya

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Section 15 of Hire Purchase Act CAP 507: Recovery of possession where two-thirds of price paid

(1) Where goods have been let under a hire-purchase agreement and two-thirds of the hire-purchase price has been paid, whether in pursuance of the agreement or of a judgment or otherwise, or has been tendered by or on behalf of the hirer or a guarantor, the owner shall not enforce any right to...

Section 16 of Hire Purchase Act CAP 507: Provisions where suit instituted

(1) Where a suit is instituted in the circumstances described in section 15 of this Act, the owner shall not take any step to enforce payment of any sum due under the hire-purchase agreement or under any contract of guarantee relating thereto, except by claiming the sum in the suit. (2) Subject to...

Section 17 of Hire Purchase Act CAP 507: Where order for delivery of goods postponed

(1) While the operation of an order for the delivery of goods to the owner is postponed under section 16(4)(b), the hirer shall be deemed to be bailee of the goods under and on the terms of the hire-purchase agreement - (i) no further sum shall be or become payable by the hirer or a guarantor on...

Section 18 of Hire Purchase Act CAP 507: Licence required to carry on hire-purchase business

(1) No person after the appointed day. shall carry on hire-purchase business, except under and in accordance with the terms of a current licence authorizing him to do so. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding two hundred...

Section 19 of Hire Purchase Act CAP 507: Licensing officer

The Minister shall appoint a public officer to be the licensing officer for the purposes of this Act.

Section 20 of Hire Purchase Act CAP 507: Granting of licences

(1) A person may make application for a licence in the prescribed manner, and the licensing officer shall either grant a licence accordingly, either without conditions or subject to such conditions as he may think fit, or refuse to grant a licence. (2) Where a licensing officer refuses to grant a...

Section 21 of Hire Purchase Act CAP 507: Where renewal of licence refused

Where the holder of a licence applies for and is refused a new licence, or where a person who immediately before the commencement of this Act was carrying on hire-purchase business applies before the appointed day for and is refused a licence, he may, notwithstanding section 18 of this Act, continue...

Section 22 of Hire Purchase Act CAP 507: Appeals

(1) Any person who is refused a licence may appeal to the Minister in writing within one month after the date of the refusal, and the Minister’s decision shall be final. (2) Where a person appeals under subsection (1) of this section, he may continue to carry on hire-purchase business until the...

Section 23 of Hire Purchase Act CAP 507: Licence to be displayed

The holder of a licence shall ensure that the licence or a copy thereof is at all times conspicuously displayed in or on every premises in which he carries on hire-purchase business, and if he fails to do so he shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.

Section 24 of Hire Purchase Act CAP 507: Successive agreements between same parties

Where goods have been let under a hire-purchase agreement and at any time after two-thirds of the hire-purchase price has been paid or tendered the owner makes a further hire-purchase agreement with the hirer comprising those goods, sections 15 and 16 shall have effect in relation to that further...

Section 25 of Hire Purchase Act CAP 507: Owner to account for proceeds of sale

Where the owner under a hire-purchase agreement enforces a right to recover possession of the goods from the best price reasonably obtainable as soon as is reasonably practicable and he shall be liable to account for and pay hirer otherwise than by suit, he shall sell the goods at the to the hirer...

Section 26 of Hire Purchase Act CAP 507: Hirer’s refusal to surrender goods not conversion

If, while the enforcement by an owner of a right to recover possession of goods from a hirer is restricted by this Act, the hirer refuses to give up possession of goods to the owner, the hirer shall not, by reason only of such refusal, be liable to the owner for conversion of the goods.

Section 27 of Hire Purchase Act CAP 507: Hirer may require information

(1) If a hirer hands or sends by registered post to the owner a written request therefor, and tenders to the owner a sum of ten shillings for expenses, the owner shall, within fourteen days after the request and tender are received by him, hand or send by registered post to the hirer a statement...

Section 28 of Hire Purchase Act CAP 507: Appropriation of payments where more than one agreement

A hirer who is liable to make payments in respect of two or more hire-purchase agreements to the same owner shall be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to require the owner to...

Section 29 of Hire Purchase Act CAP 507: Limitation on enforcement of agreement

An owner shall not be entitled, by reason of the hirer’s failure to carry out any obligation under a hire-purchase agreement, to enforce - (a) any provision in the agreement for the acceleration of the payment of an instalment, unless an instalment, or some part of an instalment which is not less...

Section 30 of Hire Purchase Act CAP 507: Agreement binding on trustee or liquidator of owner

(1) If - (a) in the case of a natural person, the owner is adjudged bankrupt; or (b) in the case of a company, the owner is placed in liquidation, a hire- purchase agreement entered into by the person or company as owner continues in effect after the commencement of the bankruptcy or liquidation...

Section 31 of Hire Purchase Act CAP 507: Bankruptcy of hirer

If a hirer is adjudged bankrupt, the rights and duties which are the subject of the hire-purchase agreement entered into by the hirer shall vest in his trustee, notwithstanding the terms of the agreement, but without prejudice to the trustee’s right to disclaim: Provided that if the goods are used...

Section 32 of Hire Purchase Act CAP 507: Service of notices

(1) Any notice or document required or authorized to be served on or given to an owner or hirer under this Act may be so served or given - (a) by delivering it to him personally; (b) by leaving it at his place of abode or business with some other person apparently a resident thereof or employed...

Section 32A of Hire Purchase Act CAP 507: Minister may determine interest rates etc.

(1) The Minister may, in consultation with the Central Bank of Kenya established under the Central Bank of Kenya Act (Cap. 491), determine and publish - (a) the matters to be taken into account in the computation of the hire purchase price and the amounts of the instalments by which the hire...

Section 33 of Hire Purchase Act CAP 507: Minister’s power to obtain information

(1) Every person carrying on hire-purchase business shall furnish to the Minister, at the prescribed time and in the prescribed manner, all such information as the Minister may reasonably require for the proper implementation of this Act. (2) Any person who fails or refuses to comply with a written...

Section 34 of Hire Purchase Act CAP 507: False information

Any person who knowingly gives false information in any proposal form or other document completed for the purpose of entering into a hire-purchase agreement shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six...

Section 35 of Hire Purchase Act CAP 507: Minister’s power to make rules

(1) The Minister may make rules generally for the better carrying out of any of the provisions or purposes of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1), rules thereunder may provide for all or any of the following matters - (a) anything which is to...

Section 1 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Short title

This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act.

Section 2 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Interpretation

(1) For the purposes of this Act - "appeal" means proceedings by way of application for the discharge or setting aside of a judgment or for a new trial or a stay of execution; "country" includes a constituent territory of a country or any territory for whose international relations a country is...

Section 3 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Judgments to which the Act applies

(1) Subject to subsections (2) and (3), this Act applies with respect to - (a) a judgment or order of a designated court in civil proceedings whereby a sum of money is made payable, including an order for the payment of a lump sum as financial provision for, or maintenance of, a spouse or a former...

Section 4 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Jurisdiction

(1) In proceedings in which it is necessary for the purposes of this Act to determine whether a court of another country had jurisdiction to adjudicate upon a cause of action, that court shall, subject to subsection (2), be treated as having had jurisdiction, where - (a) the judgment debtor, being...

Section 5 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Application

(1) Where a judgment to which this Act applies has been given in a designated court, the judgment creditor may apply to the High Court to have that judgment registered within six years of the date of the judgment or, where there have been proceedings by way of appeal against the judgment, of the...

Section 6 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Registration

(1) Where, on an application under section 5(1), the High Court is satisfied as to the proof of matters required by this Act and any rules of court, it shall, subject to this Act, order the judgment to be registered. (2) An order shall not be registered under subsection (1) if it appears to the...

Section 7 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Currency in which judgments payable

(1) Where a sum payable under a judgment which is to be registered under this Act is expressed in a currency other than the currency of Kenya, the judgment may be registered as a judgment for a sum payable in such sums in Kenya currency as are equivalent thereto on the basis of the rate of exchange...

Section 8 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Effect of registration of judgments

(1) Subject to this Act, a registered judgment shall, for the purposes of execution, be of the same force and effect as a judgment of the High Court entered at the date of registration. (2) Subject to this Act, where a judgment for the payment of any monetary sum is registered, the following sums...