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Browse Acts ↓In this Part, unless the context otherwise requires "disqualification order" means a disqualification order made under this Part or insolvency related laws or any other enactment prescribed by the regulations for the purposes of this section.
(1) If a court makes a disqualification order against a person, the person is, unless the court gives leave to the contrary, disqualified from— (a) being or acting as a director or secretary of a company; (b) being or acting as a liquidator, provisional liquidator or administrator of a company; (c)…
(1) On convicting a person of an offence relating to the promotion, formation,management, liquidation or administration of a company, the court may make a disqualification order against the person. (2) The maximum period of disqualification that can be imposed in adisqualification order made under t…
(1) This section applies to holders of the following offices of, or in relation to,a company: (a) an officer of the company; (b) a liquidator or provisional liquidator of the company; (c) if the company is under administration — the administrator, (2) A court may make a disqualification order agains…
(1) This section applies to offences of which a person is convicted inconsequence of a failure to comply with any provision of this Act or the insolvency related laws requiring— (a) a return, financial statement or other document to be lodged with, or sent to; or (b) a matter to be notified to, the…
(1) A court shall make a disqualification order against a person if satisfied, on an application made to it under section 219— (a) that the person is or has been a director or secretary of a company that has at any time become insolvent whether while the person was a director or secretary or subsequ…
(1) If the Attorney General is satisfied that it would be in the public interest fora disqualification order under section 218 to be made against a person— (a) the Attorney General; or (b) if the Attorney General so directs in the case of a person who is or has been a director or secretary of a comp…
(1) In the circumstances specified in section 218, the Attorney General may accept a disqualification undertaking by any person that, for a period specified in the undertaking, the person— (a) will not, without the leave of a court of competent jurisdiction— (i) act or accept an appointment as a dir…
(1) If, as result of a report of an investigation conducted under Part XXX ,the Attorney General considers that it would be in the public interest for a disqualification order to be made against a person who is or has been a director or secretary of any company, the Attorney General may apply to the…
(1) The relevant court may, on the application of a person who is subject to adisqualification undertaking— (a) reduce the period for which the undertaking is to be in force; and (b) provide for it to cease to be in force. (2) On the hearing of an application under subsection (1), the Attorney Gener…
(1) A person who, except with the leave of a court—(a) acts as a director or secretary of a company; and (b) directly or indirectly participates in its promotion, formation or management, while an undischarged bankrupt commits an offence (2) A court may not give leave under subsection (1) unless not…
(1) For the purposes of this section, a person is personally responsible for all the relevant debts of a company if at any time— (a) the person is concerned in the management of the company in contravention of a disqualification order or of section 223; or (b) as a person who is involved in the mana…
(1) A person may make an application to the Court for a disqualification order only if the person has given the person against whom the order is sought a notice of intention to apply for such an order. (2) At the hearing of the application, the person against whom a disqualificationorder is sought i…
(1) If a person is subject to a disqualification order made by the Court, an application for leave for the purposes of section 214(1) may be made only to the Court. (2) If— (a) a person is subject to a disqualification order made under section 215 by a court other than the Court; and (b) a person is…
(1) The Registrar shall establish and maintain a register of disqualification orders and disqualification undertakings in which the Registrar shall enter all particulars, provided in accordance with subsection (2) or (3). (2) Whenever a court— (a) makes a disqualification order; (b) takes action in…
A person who, while subject to a disqualification order or disqualification undertaking, contravenes the order or undertaking commits an offence and on conviction liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years, or to both.
(1) A person who is disqualified under this Part may apply to the Court forpermission to act in a way that would otherwise be a breach of the disqualification. (2) The Attorney General is entitled to appear or be represented at the hearing of an application made under subsection (1) and to give evid…
(1) The regulations may require a statement or notice lodged with the Registrarunder section 16, 135 or 248 that relates (wholly or partly) to a person who is a person subject to a disqualification order or disqualification undertaking from being a director or secretary of a company to be accompanie…
(1) A statement that is lodged with the Registrar in accordance with regulations made for the purpose of section 230 is to be treated as a record relating to a company for the purposes of the Register. (2) The regulations may prescribe the circumstances in which such a statement is to be, or may be—…
A person who— (a) fails to comply with a requirement to lodge a statement with regulations made for the purpose of section 230; or (b) lodges with the Registrar such a statement that the person knows, or who ought reasonably to know, is false or misleading in a material respect, commits an offence a…
(1) For the purposes of this Division, a person is subject to foreign restrictions if, under the law of a country or territory outside Kenya, the person— (a) is, because of misconduct, incompetence or mental or physical incapacity— (i) disqualified to any extent from acting in connection with the af…
(1) A person who is subject to foreign restrictions is disqualified from— (a) being a director or secretary of a Kenyan company; or (b) in any way, whether directly or indirectly, being concerned in the promotion, formation or management of a Kenyan company. (2) A person ceases to be disqualified un…
(1) A person who— (a) is a director or secretary of a company registered in Kenya; and (b) is involved in the management of a Kenyan company, is personally responsible for all debts and other liabilities of the company incurred during a time when the person is subject to foreign restrictions. (2) A…
(1) The Registrar shall establish and maintain a register of foreign restrictionsin which the Registrar shall enter particulars of foreign restrictions relating to a persons who is or may become a director or secretary of a Kenyan company or a local representative of a registered foreign company. (2…
(1) In any legal proceedings (whether or not under this Act), any statement made in compliance or purported compliance with a requirement imposed by or under this Part or the Fourth Schedule, or by or under any regulations made for the purposes of this Part, are admissible in evidence against any pe…
(1) In this Part, "derivative claim" means proceedings by a member of a company— (a) in respect of a cause of action vested in the company; and (b) seeking relief on behalf of the company. (2) A derivative claim may be brought only— (a) under this Part; or (b) in accordance with an order of the Cour…
(1) In order to continue a derivative claim brought under this Part by a member,the member has to apply to the Court for permission to continue it. (2) If satisfied that the application and the evidence adduced by the applicantin support of it do not disclose a case for giving permission, the Court—…
(1) If— (a) a company has brought a claim; and (b) the cause of action on which the claim is based could be pursued as a derivative claim under this Part, a member of the company may apply to the Court for permission to continue the claim as a derivative claim on the ground specified in subsection (…
(1) If a member of a company applies for permission under section 239 or 240,the Court shall refuse permission if satisfied— (a) that a person acting in accordance with section 144 would not seek to continue the claim; (b) if the cause of action arises from an act or omission that is yet to occur–th…
(1) If a derivative claim— (a) has been brought by a member of a company; (b) was brought by a company and is continued by a member of the company as a derivative claim; or (c) has been continued by a member of the company as a derivative claim, another member of the company may apply to the Court f…