Insolvency Act Cap 53 in Kenya

(1) A bankrupt who— (a) acts or purports to act as a director of a company or as a partner of a firm or limited liability partnership; or (b) fails without reasonable excuse to comply with section 152, commits an offence. (2) A person who is found guilty of an offence under subsection (1) is...

(1) A bankrupt commits an offence if the bankrupt— (a) in the course of the administration of the bankrupt's affairs, makes to the bankruptcy trustee or the Official Receiver (if not the bankruptcy trustee) a statement that the bankrupt knows or has reason to know was false or misleading in a...

(1) In this Division— "debtor" means a debtor who is a natural person; "interim order" means an order made under section 306; "proposal" means a proposal made by a debtor to the debtor's creditors for a composition in satisfaction of the debtor's debts or a scheme of arrangement of the debtor's...

(1) An application to the Court for an interim order may be made if the debtor intends to make a proposal to the debtor's creditors under this Division for a composition in satisfaction of the debtor's debts or a scheme of arrangement of the debtor's financial affairs. (2) The debtor shall ensure...

(1) While an application under section 304 for an interim order is pending, the following provisions apply: (a) a landlord or other person to whom rent is payable by the debtor may exercise a right of forfeiture in relation to premises let to the debtor for a failure of the debtor to comply with a...

(1) On the hearing of an application made under section 304, the Court may make an interim order if satisfied— (a) that the debtor intends to make a proposal under this Division; (b) that on the day of the making of the application the debtor was an undischarged bankrupt or was able to make an...

(1) As soon as practicable after the making of an interim order, the provisional supervisor shall, before the order ceases to have effect, submit a report to the Court stating— (a) whether, in that supervisor's opinion, the proposal has a reasonable prospect of being approved and...

(1) This section applies if— (a) a debtor intends to make a proposal under this Division; (b) no interim order has been made in relation to the proposal and no application for such an order is pending; and (c) where the debtor is an undischarged bankrupt, the debtor has given notice of the...

(1) If it has been reported to the Court under section 307 or 308 that a meeting of the debtor's creditors should be convened, the provisional supervisor shall, unless the Court otherwise directs, convene that meeting for the time, date and place proposed in that supervisor's report. (2) The...

(1) The main purpose of a creditors' meeting convened under section 309 is to decide whether to approve the debtor's proposal (with or without modifications). (2) At the beginning of the meeting, those creditors present shall elect one of their number to be Chairperson of the meeting. (3) The...

(1) This section applies to the decisions taken at the meeting of creditors held in accordance with section 310 to consider a debtor's proposal (with or without modifications). (2) The debtor's proposal (including any modifications) is approved if it is supported by a majority (in number and value)...

(1) A debtor's proposal (with or without modifications) takes effect as a voluntary arrangement by the debtor on the day after the date on which it is approved by the Court by order made under section 311(7)(a) or on such later date as may be specified in the order. (2) On taking effect as a...

(1) If the Court has approved a debtor's proposal in accordance with section 311(7)(a) and the debtor is an undischarged bankrupt— (a) the bankrupt; or (b) if the bankrupt has not made an application within the period prescribed by the insolvency regulations for the purposes of this section, the...

(1) Subject to subsection (3), any of the persons specified in subsection (2) may make an application to the Court on either or both of the following grounds— (a) that a debtor's proposal approved by a creditors' meeting held in accordance with section 309 unfairly affects the interests of a...

(1) The supervisor is responsible for implementing and supervising a voluntary arrangement that has taken effect under section 312 or 319 and has such powers as are necessary to enable that responsibility to be carried out. (2) If a voluntary arrangement has effect under section 312 or 319, a...

(1) This section applies if a debtor intends to make a proposal to the debtor's creditors for a voluntary arrangement and— (a) the debtor is an undischarged bankrupt; (b) the Official Receiver is specified in the proposal as the provisional supervisor in relation to the proposal; and (c) no...

As soon reasonably practicable after the arrangements under section 316 have been implemented, the Official Receiver shall report to the Court whether the proposed voluntary arrangement has been approved or rejected.

(1) If the Official Receiver reports to the Court that the debtor's proposal has been approved, the proposal takes effect as a voluntary arrangement. (2) On taking effect as a voluntary arrangement, the proposal binds— (a) the debtor; and (b) binds every person (including a secured creditor and a...

(1) In addition to making the arrangements under section 316(3), the Official Receiver may, if the debtor is an undischarged bankrupt, make an application to the Court to make an order under subsection (3). (2) Such an application may not be made— (a) while an application for an order under...

(1) The Court may make an order revoking a voluntary arrangement that has effect because of section 318(1) on the ground— (a) that it unfairly affects the interests of a creditor of the debtor; or (b) that a material irregularity occurred in relation to the arrangements made under section...

(1) A debtor commits an offence, if for the purpose of obtaining approval to a proposal for a voluntary arrangement, the debtor— (a) makes a representation knowing it to be false or misleading; or (b) fraudulently does, or omits to do, any act. (2) In subsection (1), the reference to obtaining...

(1) This section applies to a voluntary arrangement that has taken effect in accordance with section 312(1) or 319(1). (2) As soon as practicable after forming a reasonable suspicion that a debtor has committed an offence in connection with a voluntary arrangement to which this section applies, the...

A summary instalment order is an order made by the Official Receiver directing the debtor to pay the debtor's debts— (a) in instalments or in some other way; and (b) in full or to the extent that the Official Receiver considers practicable in the particular circumstances of the case.

The Official Receiver may make a summary instalment order on the application of— (a) a debtor; or (b) a creditor with the debtor's consent.

(1) The Official Receiver may refuse an application for a summary instalment order if the application does not comply with subsection (2). (2) An application does not comply with this subsection unless it— (a) is in the form prescribed by the insolvency regulations for the purposes of this...

(1) The Official Receiver may make a summary instalment order if satisfied that— (a) the debtor's total unsecured debts that would be provable in the debtor's bankruptcy do not exceed the amount prescribed by the insolvency regulations for the purpose of this section; and (b) the debtor is unable...

In addition to an order for the payment of the debts in instalments, the Official Receiver may make all or any of the following orders— (a) an order regarding the debtor's future earnings or income; (b) an order regarding the disposal of goods that the debtor owns or possesses; (c) an order giving...

(1) Except as provided by subsection (2), a summary instalment order is ineffective if it does not provide for the appointment of a suitable and willing person to supervise compliance by the debtor with the terms of the order. (2) The Official Receiver may dispense with the appointment of a...

(1) The supervisor is responsible for supervising the debtor's compliance with the terms of the summary instalment order and any other orders made under section 327. (2) The supervisor may charge the debtor remuneration for carrying out the supervisor's responsibilities as supervisor at the amount...

(1) The Official Receiver may, by notice, require a supervisor or a past supervisor to provide the Official Receiver, within not less than seven days from the date of the notice, with any specified documents, or any documents of a specified class, that relate to the debtor's property, conduct or...