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Browse Acts ↓(1) If, from a report made under section 797 or 809, the Attorney Generalconsiders that proceedings ought, in the public interest, to be brought by a body corporate named in the report— (a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the pr…
(1) On an application made on oath given by or on behalf of an inspector appointed by the Court or by the Attorney-General, a magistrate may issue a warrant under this section if satisfied that there are reasonable grounds for believing that on specified premises there are documents whose production…
(1) A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence. (2) A relevant disclosure is a disclosure that complies with the following conditions— (a) it is made to the Court or the Cabinet Secretary…
(1) This section applies to information obtained— (a) as a result of a requirement imposed under section 811; or (b) by means of a relevant disclosure under section 816. (2) Information to which this section applies may be disclosed only if it—(a) is made to a person specified in the Fourth Schedule…
(1) An officer of a company who— (a) destroys, mutilates or falsifies, or is complicit in the destruction, mutilation or falsification of a document affecting, or relating to the company's property or affairs; or (b) makes, or is complicit in making, a false entry in such a document, commits an offe…
A person who, in purported compliance with a requirement under section 811 to provide information— (a) provides information that the person knows to be false in a material particular; or (b) recklessly provides information that is false in a material particular commits an offence and on conviction i…
(1) This section applies to information obtained under Division 1 or 2. (2) The Attorney General may— (a) disclose information to which this section applies to any person to whom, or for any purpose for which, disclosure is permitted under section 817; or (b) require or authorise an inspector appoin…
(1) Nothing in this Part compels a person to disclose to the Attorney General or to an inspector appointed under this Part information in respect of which in an action in the Court a claim to legal professional privilege could be maintained. (2) Except as provided by subsection (3), nothing in secti…
(1) An answer given by a person to a question put to the person by the inspectorfor the purposes of an investigation conducted under this Part can be used in evidence in legal proceedings against the person. (2) However, in criminal proceedings in which that person is charged with anoffence to which…
(1) This Part applies to a foreign company that is carrying on business, or hasat any time carried on business, in Kenya except provided by subsection (2). (2) Section 787 and section 800 to 811 do not apply to a foreign companyreferred to in subsection (1). (3) The other provisions of this Part app…
(1) If an offence under this Part is committed by a body corporate, each officer of the body who is in default also commits an offence and on conviction is liable to a fine not exceeding that which could be imposed on the body if it had been convicted of the offence. (2) An officer of a body corpora…
(1) The following restrictions apply to securities that are subject to an order made by the Attorney General under section 812 or an order of the Court made under 827— (a) any transfer of the securities or, in the case of unissued shares, any transfer of the right to be issued with them, and any iss…
(1) Subject to the terms of any directions given, or any conditions imposed, under section 812 or 827, a person who— (a) exercises, or purports to exercise, a right to dispose of securities that, to the person's knowledge, are for the time being subject to restrictions imposed by or under this Part…
(1) If an order makes securities of a company subject to the restrictions contained in this Division, any person claiming to be aggrieved by the order may apply to the Court for an order under subsection (2). (2) If, on the hearing of an application made under subsection (1), the Courtis satisfied t…
(1) If securities are sold in accordance with an order of the Court made undersection 828, the seller of the securities shall pay the proceeds of sale (less the costs of the sale) into Court for the benefit of the persons who are beneficially interested in the securities. (2) A person claiming to be…
Except as otherwise expressly provided by this Part, this Part applies in relation to the lodgement of a document with, or the provision of information to, the Registrar in electronic form as it applies in relation to the lodgement of a document or the provision of information in hard copy.
This Part applies to foreign companies except in so far as the context otherwise requires and a reference in this Part to a company includes a foreign company.
(1) There is established the Office of the Registrar of Companies. (2) If the office of Registrar becomes vacant, the Cabinet Secretary shall appoint a suitably qualified person to fill the vacancy. (3) The Cabinet Secretary may appoint such number of Deputy Registrars of Companies and Assistant Reg…
(1) The Register of Companies referred to in section 3 of the repealed Act is continued. (2) The Registrar continues to be responsible for keeping the Register of Companies. (3) The Register comprises— (a) the information relating to companies that is contained in documents lodged or filed with, or…
The Registrar is required to have an official seal for the authentication of documents in connection with the performance of the Registrar’s functions.
(1) The regulations may require the payment to the Registrar of fees in respect of— (a) the performance of any of the Registrar's functions; or (b) the provision by the Registrar of services or facilities for a purpose connected with the performance of any of the Registrar's functions. (2) The matte…
(1) The Registrar shall publish in the Gazette or in accordance with section 875, notice of the issue by the Registrar of every certificate of incorporation issued to a company on its incorporation or on its conversion from one kind of company to another. (2) The Registrar shall include in the notic…
(1) The Registrar shall, if requested to do so by a person and on paymentof the prescribed fee (if any), provide the person with a copy of a certificate of incorporation of any specified company. (2) Before providing the person with the copy, the Registrar shall either sign it or authenticate it wit…
(1) The Registrar shall allocate to every company a registered number, to becalled the company’s registered number that complies with subsection (2). (2) A company's registered number complies with this subsection if it is in aform that consists of one or more sequences of figures or letters, or fig…
(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number. (2) The Registrar shall ensure that the number allocated to a foreign companyis in a form that consists of one or more sequences of figures or letters, or…
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other Act. (2) In relation to the form of a document, the Registrar may— (a) require the contents of the document to…
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means. (2) A requirement to lodge documents, or a specified class of documents, by electronic means has effect only if Registrar'…
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for registration— (a) to be lodged by electronic means, except as provided for in the agreement; and (b) conform to such r…
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it. (2) The Registrar's Rules may make specific provision as to when a document is to be regarded as having been received by the Registrar for the purposes of th…
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section 839 with respect to— (i) the contents of the document; and (ii) the form, authentication and manner of…