The Companies Act No. 17 Of 2015 in Kenya

(1) A company shall disclose the terms on which the company’s auditor is appointed, remunerated or is required to carry out his or her responsibilities. (2) In making a disclosure under subsection (1), a company shall—(a) include— (i) a copy of any terms that are in writing; and (ii) a written...

The Cabinet Secretary shall ensure that the regulations provide for safeguarding the disclosure of the nature of any services provided for a company by the company’s auditor, whether in the auditor’s capacity as auditor or otherwise, or by the auditor’s associates.

(1) An auditor shall make a report to the members of the company on all annualfinancial statements of the company of which copies are, during the auditor’s tenure of office— (a) in the case of a private company — to be sent out to members in accordance with section 662; or (b) in the case of a...

The auditor shall state in the auditor’s report on the company’s annual financial statement whether in the auditor’s opinion the information given in the directors’ report for the financial year for which the financial statement is prepared is consistent with that statement.

(1) In reporting on the annual financial statement of a quoted company, theauditor shall— (a) report to the company’s members on the auditable part of the directors’ remuneration report; and (b) state whether in the auditor's opinion that part of the directors' remuneration report has been...

(1) In reporting on the annual financial statement of a company, the company’s auditor shall carry out such investigations as will enable the auditor to form an opinion— (a) whether adequate accounting records have been kept by the company and returns adequate for their audit have been received...

(1) An auditor of a company— (a) has a right of access at all times to the company's accounting records and financial statements, in whatever form they are held; and (b) may require any of the following persons to provide with such information or explanations as the auditor thinks necessary for...

(1) If a parent company has a subsidiary undertaking that is not a body corporate incorporated in Kenya, the auditor of the parent company may require it to obtain information or explanations for the purpose of enabling the auditor to carry out the auditor’s responsibilities from any of the...

(1) A person who makes a statement, whether oral or written containing information or explanations that the auditor requires, or is entitled to require, under section 731— (a) knowing that the statement is false or misleading in a material respect; or (b) recklessly without caring whether the...

(1) In relation to a written resolution proposed to be agreed to by a privatecompany, the company’s auditor is entitled to receive all such communications relating to the resolution as are required to be supplied to a member of the company. (2) A company's auditor is entitled— (a) to receive all...

(1) Subject to subsection (2), an auditor shall— (a) sign and date the auditor's report; and (b) ensure that the auditor's name is prominently displayed in the report. (2) If the auditor is a firm, the senior statutory auditor of the firm shall sign thereport on behalf of the firm. (3) An...

(1) A company shall not publish a copy of an auditor’s report that relates to thecompany unless the copy— (a) state the name of the auditor and, if the auditor is a firm, the name of the person who signed the report as senior statutory auditor; or (b) if the conditions specified in section 737 are...

(1) The auditor’s name and, if the auditor is a firm, the name of the person whosigned the report as senior statutory auditor, may be omitted from— (a) published copies of the report; and (b) the copy of the report lodged with the Registrar for registration, if the conditions specified in...

(1) This section applies— (a) if the auditor is a natural person — to that person and any employee or agent of that person who is eligible for appointment as auditor of the company; and (b) if the auditor is a firm — to any director, member, employee or agent of the firm who is eligible for...

(1) The members of a company may remove an auditor from office at any time. (2) The power to remove an auditor under subsection (1) is exercisable only(a) by ordinary resolution at a meeting; and (b) in accordance with section 740. (3) This section does not affect any right that a person may have...

(1) Special notice is required for a resolution at a general meeting of a company removing an auditor from office. (2) On receipt of notice of such an intended resolution, the company shall immediately serve a copy of the notice on the auditor proposed to be removed. (3) The auditor proposed to be...

(1) Within fourteen days after a resolution is passed in accordance with section739, the company shall lodge a copy of the resolution with the Registrar for registration. (2) If a company fails to lodge with the Registrar a copy of the resolution asrequired by subsection (1), the company, and each...

A person who has been removed from office as auditor by resolution under 739 has the same rights in relation to a general meeting of the company— (a) at which the person's term of office would otherwise have expired; or (b) at which it is proposed to fill the vacancy caused by the person's removal,...

(1) In this section, “outgoing auditor”, in relation to a private company, means the auditor of the company whose term of office ended, or is to end, at the end of the period for appointing auditors. (2) This section applies if a resolution is proposed as a written resolution of a private company...

(1) In this section, “outgoing auditor”— (a) in relation to a private company—means the auditor of the company whose term of office ended, or is to end, at the end of the period for appointing auditors; and (b) in relation to a public company—means the auditor whose term of office has ended, or is...

(1) An auditor of a company may resign from office by lodging a notice to thateffect at the registered office of the company. (2) The notice is not effective unless it is accompanied by the statementrequired by section 748. (3) An effective notice of resignation ends the auditor's term of office...

(1) Within fourteen days after an auditor of a company has resigned, the company shall lodge with the Registrar for registration a copy of the notice of resignation. (2) If a company fails to lodge with the Registrar a copy of the notice of resignation as required by subsection (1), the company,...

(1) This section applies if an auditor’s notice of resignation is accompanied by a statement of the circumstances connected with the resignation. (2) A resigning auditor may deposit with the notice of resignation a signed requisition calling on the directors of the company to convene a general...

(1) If an auditor of an unquoted company ceases for any reason to hold office, the auditor shall lodge at the registered office of the company a statement of the circumstances connected with the auditor’s ceasing to hold office, unless the auditor considers that there are no circumstances in...

(1) This section applies in respect of a statement lodged under section 748 that states the circumstances in which an auditor of a company ceased to hold office. (2) Within fourteen days after the statement was lodged with it, the company shall either— (a) send a copy of it to every person who, in...

(1) Unless within twenty-one days from and including the day on which the auditor lodged a statement in accordance with section 748 the auditor receives notice of an application to the Court under section 749, the auditor shall, within a further seven days, lodge a copy of the statement with the...

(1) An auditor who ceases to hold office before the end of the term for which the auditor was appointed shall notify the appropriate audit authority. (2) The auditor shall state in the notice that the auditor has ceased to hold office, and shall enclose with, or attach to, it a copy of the...

(1) If an auditor ceases to hold office before the end of the auditor’s term of office, the company shall notify the appropriate audit authority of that fact. (2) The company shall include in the notice— (a) a statement that the auditor has ceased to hold office; and (b) enclose with, or attach...

(1) As soon as practicable after receiving a notice under section 751 or 752,the appropriate audit authority— (a) shall inform the Cabinet Secretary and the Institute of Certified Public Accountants of Kenya of that cessation of office; and (b) may, if it considers appropriate to do so, forward to...

In this Division, “appropriate audit authority” means such body as is designated by the regulations as the appropriate audit authority for the purposes of this Division.