Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) The Chairperson of a creditors' meeting is the bankruptcy trustee or a person appointed by the bankruptcy trustee to be the Chairperson. (2) However, if neither the bankruptcy trustee nor the person (if any) appointed by the bankruptcy trustee to be the Chairperson attends the meeting, the credi…
The Chairperson of a creditors' meeting may adjourn the meeting from time to time and place to place.
If the bankruptcy trustee attends a creditors' meeting or an adjournment of the meeting, the bankruptcy trustee shall— (a) report on the administration of the bankrupt's estate; (b) give any creditor any further information that the creditor may properly require; and (c) on being reasonably required…
(1) A person may attend a creditors' meeting— (a) by being physically present at the time, date and place appointed for the meeting; or (b) if the bankruptcy trustee makes it available, by means of an audio or audio-visual link, so that all those participating in the meeting can hear and be heard by…
(1) The bankrupt shall, if required by the bankruptcy trustee, attend all creditors' meetings by being physically present or present by an audio or audio-visual link. (2) The following persons may question the bankrupt about the bankrupt's property, conduct or dealings— (a) the bankruptcy trustee; (…
A person who is not a creditor of the bankrupt may attend a creditors' meeting with the consent of— (a) the bankruptcy trustee; or (b) the creditors attending the meeting, voting by ordinary resolution.
(1) The bankruptcy trustee shall ensure that minutes are kept of each creditors' meeting. (2) The minutes are invalid unless signed by the bankruptcy trustee or the Chairperson of the meeting. (3) The bankruptcy trustee may record the meeting, but only with the consent of each person attending the m…
(1) A creditors' meeting is not valid unless at least the following persons attend— (a) the bankruptcy trustee or a person who represents the bankruptcy trustee; (b) a creditor or a person who represents a creditor. (2) The meeting lapses if those persons do not attend, in which case the bankruptcy…
(1) Any of the following persons may represent a creditor at a creditors' meeting— (a) an advocate; (b) a certified public accountant; (c) a person who keeps the creditor's or bankrupt's accounting records; (d) in the case of a creditor, a person who is the creditor's authorised agent under a power…
(1) At a creditors' meeting— (a) an ordinary resolution is passed if a majority in number and value of the creditors, or their proxies, who attend and who vote on the resolution vote in favour of it; and (b) a special resolution is passed if three-quarters in number and value of the creditors or the…
(1) A creditor who is entitled to vote at a creditors' meeting may vote on a resolution to be put to the meeting— (a) by postal vote; or (b) by electronic vote, if the voting paper for the resolution allows it, in accordance with the procedure specified in the voting paper. (2) A postal or electroni…
Creditors of the bankrupt who are entitled to vote, or their representatives, may vote at a creditors' meeting, but this rule is subject to sections 96 to 98.
A debt that is secured only entitles the creditor to vote at a creditors' meeting if the creditor has— (a) surrendered the charge; (b) valued the charge; or (c) realised the charge.
(1) A debt on, or secured by, a current bill of exchange or promissory note entitles the creditor to vote only if the creditor is willing to take the following steps— (a) to treat a qualifying liability as a charge in the creditor's hands; (b) to estimate the value of the charge; (c) to deduct the v…
(1) A person is not entitled to vote in favour of a resolution that would, if passed, directly or indirectly enable that person or any of the following persons to receive remuneration from the bankrupt's estate except as a creditor sharing rateably with the other creditors. Those persons are— (a) th…
The bankruptcy of a partner of a firm who is indebted to a creditor jointly with one or more of the other partners entitles the creditor to prove the debt for the purpose of voting at any creditors' meeting, and to vote.
(1) A creditors' meeting may pass an ordinary resolution— (a) appointing an expert to assist the bankruptcy trustee in the administration of the bankrupt's estate; and (b) providing for the expert's remuneration out of that estate. (2) A creditors' meeting may, by ordinary resolution, appoint a comm…
A creditor who has lodged a creditor's claim, or an advocate or a certified public accountant who is acting for the creditor, is entitled at any reasonable time to inspect or take copies of— (a) the bankrupt's accounting records; (b) the bankrupt's answers to questions under section 88; (c) the stat…
(1) A general meeting of the creditors of a bankrupt may establish a creditors' committee to perform the functions conferred on it by or under this Part. (2) A general meeting of the creditors of a bankrupt may not establish such a committee, or impose functions on such a committee, while the Offici…
(1) A creditors' committee may not perform its functions if at any time the Official Receiver is bankruptcy trustee in respect of the bankrupt's estate. (2) If, in the case of a bankruptcy, no creditors' committee exists and the bankruptcy trustee in respect of the bankrupt's estate is a person othe…
(1) Until the bankrupt is discharged— (a) all property (whether in or outside Kenya) that the bankrupt acquires or that passes to the bankrupt vests in the bankruptcy trustee without that trustee having to intervene or take any other step in relation to the property, and any rights of the bankrupt i…
If the bankruptcy trustee is replaced, the property and powers vested in the former bankruptcy trustee under this Act vest in the replacement bankruptcy trustee.
Property held by the bankrupt in trust for another person vests in the bankruptcy trustee, who shall assume control of the property and deal with it for the benefit of the beneficiaries of the trust.
(1) If a bankruptcy trustee considers it necessary to do so, the bankruptcy trustee may apply to the Court for an order under subsection (2). (2) On the hearing of an application made under subsection (1), the Court may order that any money due to the bankrupt, or any money to become due or payable…
The bankruptcy trustee shall apply the following payments in accordance with the Second Schedule (Priority of payments to preferential creditors— (a) any amount paid by the bankrupt under section 150; and (b) any amount paid to the bankruptcy trustee under an order made under section 107.
(1) This section applies if a bankruptcy order has been made in respect of a debtor but, before the order was made, a creditor has— (a) issued execution against the debtor's property; or (b) attached a debt payable by the debtor. (2) If this section applies, the creditor may retain the benefit of th…
(1) This section applies if a judicial enforcement officer who has taken the property of a debtor in execution is served with notice of the debtor's bankruptcy— (a) before the property is sold; or (b) before the execution is completed by the receipt or recovery of the full amount derived from the ex…
(1) This section applies if, under execution of a judgment for an amount exceeding ten thousand shillings, the judicial enforcement officer— (a) sells property of the debtor; or (b) is paid money in order to avoid a sale. (2) The judicial enforcement officer is entitled to— (a) deduct the costs of t…
On the sale by the judicial enforcement officer of a debtor's property on which execution has been levied, the purchaser, if acting in good faith, acquires a good title to the property as against the bankruptcy trustee.
(1) An execution creditor may make an application to the Court for an order setting aside the rights of the bankruptcy trustee under section 110 or 111. (2) On the hearing of an application made under subsection (1), the Court may make an order setting aside those rights in favour of the execution c…