Browse an Act, find a provision and read each section in context.
Browse Acts ↓A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the application was made, the bankrupt attempts to account for any part of the bankrupt’s property by me…
(1) A bankrupt commits an offence if, during the three years preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the application was made— (a) the bankrupt obtains property on credit and has not paid for the property; and (b) t…
A bankrupt commits an offence if the bankrupt— (a) makes a false representation; or (b) does any other fraudulent act, for the purpose of obtaining the consent of any one or more of the bankrupt's creditors to any agreement with reference to the bankrupt's affairs or the bankrupt's bankruptcy.
(1) A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the application was made, the bankrupt— (a) leaves Kenya (either temporarily or permanently), togeth…
A bankrupt who is found guilty of an offence under a provision of sections 289 to 296 is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years, or to both.
(1) A bankrupt commits an offence if, at any time during the three years immediately preceding the date on which the bankrupt was adjudged bankrupt— (a) the bankrupt had failed to record of the bankrupt's period; and keep and preserve a transactions for the (b) because of the nature of the bankrupt'…
(1) A bankrupt commits an offence if, with intent to conceal the true state of the bankrupt's affairs, the bankrupt has failed to keep and preserve a proper record of the bankrupt' s transactions. (2) A bankrupt who is found guilty of an offence under subsection (1) is liable on conviction to a fine…
(1) For the purposes of sections 298 and 299, a bankrupt is, in the absence of evidence to the contrary, presumed not to have kept a proper record of the bankrupt's transactions if, being engaged in a trade or business, the bankrupt has not kept the required records. (2) For the purpose of subsectio…
(1) A bankrupt who— (a) acts or purports to act as a director of a company or as a partner of a firm or limited liability partnership; or (b) fails without reasonable excuse to comply with section 152, commits an offence. (2) A person who is found guilty of an offence under subsection (1) is liable…
(1) A bankrupt commits an offence if the bankrupt— (a) in the course of the administration of the bankrupt's affairs, makes to the bankruptcy trustee or the Official Receiver (if not the bankruptcy trustee) a statement that the bankrupt knows or has reason to know was false or misleading in a materi…
(1) In this Division— "debtor" means a debtor who is a natural person; "interim order" means an order made under section 306; "proposal" means a proposal made by a debtor to the debtor's creditors for a composition in satisfaction of the debtor's debts or a scheme of arrangement of the debtor's fina…
(1) An application to the Court for an interim order may be made if the debtor intends to make a proposal to the debtor's creditors under this Division for a composition in satisfaction of the debtor's debts or a scheme of arrangement of the debtor's financial affairs. (2) The debtor shall ensure th…
(1) While an application under section 304 for an interim order is pending, the following provisions apply: (a) a landlord or other person to whom rent is payable by the debtor may exercise a right of forfeiture in relation to premises let to the debtor for a failure of the debtor to comply with a t…
(1) On the hearing of an application made under section 304, the Court may make an interim order if satisfied— (a) that the debtor intends to make a proposal under this Division; (b) that on the day of the making of the application the debtor was an undischarged bankrupt or was able to make an appli…
(1) As soon as practicable after the making of an interim order, the provisional supervisor shall, before the order ceases to have effect, submit a report to the Court stating— (a) whether, in that supervisor's opinion, the proposal has a reasonable prospect of being approved and implemented; (b) wh…
(1) This section applies if— (a) a debtor intends to make a proposal under this Division; (b) no interim order has been made in relation to the proposal and no application for such an order is pending; and (c) where the debtor is an undischarged bankrupt, the debtor has given notice of the proposal…
(1) If it has been reported to the Court under section 307 or 308 that a meeting of the debtor's creditors should be convened, the provisional supervisor shall, unless the Court otherwise directs, convene that meeting for the time, date and place proposed in that supervisor's report. (2) The persons…
(1) The main purpose of a creditors' meeting convened under section 309 is to decide whether to approve the debtor's proposal (with or without modifications). (2) At the beginning of the meeting, those creditors present shall elect one of their number to be Chairperson of the meeting. (3) The Chairp…
(1) This section applies to the decisions taken at the meeting of creditors held in accordance with section 310 to consider a debtor's proposal (with or without modifications). (2) The debtor's proposal (including any modifications) is approved if it is supported by a majority (in number and value)…
(1) A debtor's proposal (with or without modifications) takes effect as a voluntary arrangement by the debtor on the day after the date on which it is approved by the Court by order made under section 311(7)(a) or on such later date as may be specified in the order. (2) On taking effect as a volunta…
(1) If the Court has approved a debtor's proposal in accordance with section 311(7)(a) and the debtor is an undischarged bankrupt— (a) the bankrupt; or (b) if the bankrupt has not made an application within the period prescribed by the insolvency regulations for the purposes of this section, the Off…
(1) Subject to subsection (3), any of the persons specified in subsection (2) may make an application to the Court on either or both of the following grounds— (a) that a debtor's proposal approved by a creditors' meeting held in accordance with section 309 unfairly affects the interests of a credito…
(1) The supervisor is responsible for implementing and supervising a voluntary arrangement that has taken effect under section 312 or 319 and has such powers as are necessary to enable that responsibility to be carried out. (2) If a voluntary arrangement has effect under section 312 or 319, a debtor…
(1) This section applies if a debtor intends to make a proposal to the debtor's creditors for a voluntary arrangement and— (a) the debtor is an undischarged bankrupt; (b) the Official Receiver is specified in the proposal as the provisional supervisor in relation to the proposal; and (c) no applicat…
As soon reasonably practicable after the arrangements under section 316 have been implemented, the Official Receiver shall report to the Court whether the proposed voluntary arrangement has been approved or rejected.
(1) If the Official Receiver reports to the Court that the debtor's proposal has been approved, the proposal takes effect as a voluntary arrangement. (2) On taking effect as a voluntary arrangement, the proposal binds— (a) the debtor; and (b) binds every person (including a secured creditor and a pr…
(1) In addition to making the arrangements under section 316(3), the Official Receiver may, if the debtor is an undischarged bankrupt, make an application to the Court to make an order under subsection (3). (2) Such an application may not be made— (a) while an application for an order under section…
(1) The Court may make an order revoking a voluntary arrangement that has effect because of section 318(1) on the ground— (a) that it unfairly affects the interests of a creditor of the debtor; or (b) that a material irregularity occurred in relation to the arrangements made under section 316(3). (2…
(1) A debtor commits an offence, if for the purpose of obtaining approval to a proposal for a voluntary arrangement, the debtor— (a) makes a representation knowing it to be false or misleading; or (b) fraudulently does, or omits to do, any act. (2) In subsection (1), the reference to obtaining appro…
(1) This section applies to a voluntary arrangement that has taken effect in accordance with section 312(1) or 319(1). (2) As soon as practicable after forming a reasonable suspicion that a debtor has committed an offence in connection with a voluntary arrangement to which this section applies, the…