The Companies Act No. 17 Of 2015 in Kenya

(1) In this Part— (a) a reference to an officer or agent includes a former officer or agent; (b) "agent", in relation to a company or other body corporate, includes a banker or advocate of the company or other body corporate, and any person employed by the company or other body corporate as an...

(1) The Court may appoint one or more competent inspectors to investigatethe affairs of a company and to report on those affairs in such manner as the Court directs— (a) in the case of a company having a share capital — on the application either of— (i) not fewer than two hundred members;...

(1) The Court shall appoint one or more competent inspectors to investigate the affairs of a company and to report on those affairs in such manner as the Court directs if the company by special resolution declares that its affairs ought to be investigated by an inspector appointed by the...

An inspector appointed to investigate the affairs of a company may also investigate the affairs of another body corporate that is related to the company if the inspector considers that the results of the investigation are or could be relevant to the investigation of the affairs of the company.

(1) In conducting an investigation under this Division, an inspector shall comply with any direction given by the Court under this section. (2) The Court may give an inspector appointed under section 786 or 787 a direction— (a) about the subject matter of the investigation (whether by reference to...

(1) The Court may direct an inspector appointed under section 786 and 787(1) to take no further action in conducting the investigation if— (a) matters have come to light in the course of the inspector's investigation that suggest that a criminal offence has been committed; and (b) those matters...

(1) An inspector appointed under section 786 or 787 may resign by notice givento the Court. (2) The Court may revoke the appointment of an inspector by notice given to the inspector.

(1) If an inspector appointed by the Court to conduct an investigation resigns ordies, or the inspector’s appointment is revoked by the Court, the Court may appoint an inspector to continue the investigation. (2) An appointment under subsection (1) is, for the purposes of this Division(this section...

(1) Every officer and agent of a company in relation to which an inspector has been appointed under section 786 or 787 and, if the investigation extends to a body corporate related to the company, every officer and agent of the body corporate, shall— (a) produce to the inspector all documents of or...

(1) If an officer or agent of the company or other body corporate— (a) refuses to produce to an inspector a document that the inspector has, under section 793, required the officer or agent to produce; or (b) refuses to answer a question that is put to the officer or agent by an inspector under...

(1) If an inspector appointed under section 786 or 787 believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined, the inspector may apply to the Court to conduct an examination of the person. (2) After hearing...

(1) This section applies to a person who has been appointed as an inspector under section 786 or 787, but— (a) who has since resigned; or whose appointment has since been revoked. (2) This section also applies to an inspector to whom the Court has given a direction under section 803. (3) The Court...

(1) An inspector appointed by the Court— (a) may (and if so directed by the Court, shall) make interim reports to the Court about the progress of the investigation; and (b) as soon as practicable after the conclusion of the investigation, shall make a final report of the investigation to the...

(1) If it appears to the Court that a person has, in relation to the company or to any other body corporate whose affairs have been investigated committed an offence for which the person is criminally liable, the Court shall submit a copy of the report to the Director of Public...

(1) The expenses of and incidental to an investigation by inspectors appointed by the Court are in the first instance to be met by the Attorney General, but the persons referred to in subsections (2) to (6) are liable to reimburse the Attorney General to the extent specified in those...

(1) If satisfied that there are reasonable grounds for doing so, the Attorney General shall appoint one or more competent inspectors to investigate and report on the membership of a company for the purpose of determining the persons— (a) who are or have been financially interested in the success or...

An inspector appointed by the Attorney General may also investigate the ownership of another body corporate that is related to the company if the inspector considers that the results of the investigation are or could be relevant to the investigation relating to the company.

(1) In conducting an investigation under this Division, an inspector shall comply with a direction given to the inspector by the Attorney-General under this section. (2) The Attorney General may give an inspector appointed by the Attorney General a direction— (a) about the subject matter of the...

(1) The Attorney General may direct an inspector appointed by the Attorney General to conduct an investigation to take no further action in the investigation. (2) The Attorney General may give a direction under this section to an inspector appointed by the Attorney General only on the grounds that...

(1) An inspector appointed by the Attorney General may resign by notice givento the Attorney General. (2) The Attorney General may revoke the appointment of an inspector by notice given to the inspector.

(1) If an inspector appointed by the Attorney General resigns or dies or theinspector’s appointment is revoked, the Attorney General may appoint one or more competent inspectors to continue the investigation. (2) An appointment under subsection (1) is, for the purposes of this Division(apart from...

(1) This section applies to— (a) each officer and agent of the company in relation to which the inspector has been appointed by the Attorney General and, if the investigation extends to a body corporate related to the company, each officer and agent of the body corporate; (b) each person who is or...

(1) If a person to whom section 806 applies— (a) refuses to produce to an inspector a document that the inspector has, under that section, required the person to produce; or (b) refuses to answer a question that is put to the person by an inspector under that section with respect to the affairs of...

(1) If an inspector appointed by the Attorney General believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined, the inspector may apply to the Court to conduct an examination of the person. (2) After hearing an...

(1) An inspector appointed by the Attorney General— (a) may (and if so directed by the Attorney General, shall) make interim reports to the Attorney General about the progress of the investigation; and (b) as soon as practicable after the conclusion of the investigation, shall make a final report...

(1) If it appears to the Attorney General that a person has, in relation to the company or to any other body corporate whose affairs have been investigated under this Division, committed an offence for which the person is criminally liable, the Court shall forward a copy of the report to the...

(1) If satisfied that there is good reason to investigate the ownership of securities of a company and that is unnecessary to appoint an inspector for the purpose, the Attorney General may require any person whom the Attorney General reasonably believes— (a) to be or to have been interested in...

(1) On being satisfied, in relation to an investigation under either section 800 or 811, that there is difficulty in ascertaining the relevant facts about particular securities (whether issued or to be issued), the Attorney General may, by order, direct the securities to be subject to the...

(1) A copy of any report of an inspector appointed under this Part, certified bythe Attorney General to be a true copy, is admissible in all legal proceedings as evidence of the opinion of the inspector in relation to any matter contained in the report. (2) A document purporting to be a certificate...

(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...