Browse an Act, find a provision and read each section in context.
Browse Acts ↓(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 statem…
(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 not…
(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 auditor wh…
(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 s…
(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 subsection…
(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 appointm…
(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 to…
(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 r…
(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 o…
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 th…
(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 t…
(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 on…
(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, and…
(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 meeti…
(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 connect…
(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 a…
(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 Reg…
(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 statement…
(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 to,…
(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 t…
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.
In an auditor of a company ceases to hold office for any reason, any surviving or continuing auditor or auditors may continue to act in relation to the company.
(1) If members of a quoted company propose to raise at the next general meeting of the company at which a financial statement of the company is to be presented a matter relating to— (a) the audit of the financial statement (including the auditor's report and the conduct of the audit); or (b) any cir…
(1) A quoted company to which a request under section 756 is made shall make the information to be published for the purposes of that section available on a website that— (a) is maintained by or on behalf of the company; and (b) identifies the company. (2) A quoted company is not entitled to make ac…
(1) A quoted company shall, in the notice that it gives of its financial statementmeeting, draw attention to— (a) the possibility of a statement being placed on a website in accordance with requests of members under section 756; and (b) the effect of subsections (2), (3) and (4). (2) A quoted compan…
(1) If a quoted company fails to comply with a requirement of section 757(1) or(3) or 758(1) or (3), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings. (2) If, after a quoted com…
A company is a quoted company for the purposes of this Division only if it is a quoted company for the purpose of section 627 in relation to the financial year for which a financial statement of the company is to be presented at a general meeting of the company.
(1) This section applies to any provision— (a) for exempting an auditor of a company, to any extent, from liability that would otherwise be incurred by the auditor in connection with any negligence, default, breach of duty or breach of trust in relation to the company occurring when auditing the com…
Section 761 does not prevent a company from indemnifying an auditor against liability incurred in defending proceedings, whether civil or criminal, in which judgement is given in the auditor’s favour or the auditor is acquitted.