Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) If a provision of this Act provides that an officer of a company who is in default commits an offence, the officer commits the offence only if the officer— (a) authorises or permits; (b) participates in; or (c) fails to take all reasonable steps to prevent, the contravention of the act or conduc…
(1) If— (a) a body corporate commits an offence to which this section applies; and (b) the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate or any person purporting to act as such, the office…
(1) In any proceedings (whether under this Act or any other written law)— (a) a statement of the financial position or affairs of a bankrupt, company or other person prepared for the purpose of any provision of this Act; and (b) any other statement made for the purpose of complying with a requiremen…
(1) A proceeding under this Act may not be invalidated or set aside for a defect in a step that is required to be taken as part of, or in connection with, the proceeding, unless a person is detrimentally affected by the defect. (2) The Court may order the defect to be corrected, and may order the pr…
(1) The Rules Committee, with the addition of the Official Receiver, may make rules providing for either or both of the following— (a) the procedure of the Court under this Act; (b) appeals to the Court of Appeal from decisions of the Court under this Act. (2) Matters that may be dealt with by the r…
The Court may review, rescind, or vary any order of the Court under this Act.
(1) Any person dissatisfied with a decision of the Court under this Act may appeal to the Court of Appeal against the decision. (2) Except as otherwise expressly provided by this Act, a notice of appeal does not stay proceedings under the decision under appeal unless the Court or the Court of Appeal…
(1) If an appeal has been lodged against a bankruptcy order or an order for the liquidation or administration of a company, any interested person may apply to the Court or the Court of Appeal for an order suspending the order until the appeal is decided. (2) The Court or Court of Appeal may suspend…
(1) The Cabinet Secretary shall, as and when necessary, appoint suitably qualified persons to the positions of— (a) Official Receiver; and (b) one or more Deputy Official Receivers. (2) The Official Receiver and the Deputy Official Receivers are officers of the Court. (3) In performing their duties…
A Deputy Official Receiver may act for, or in the place of, the Official Receiver or another Deputy Official Receiver, and in that capacity has all the authority and powers of the Official Receiver or Deputy Official Receiver for whom, or in whose place, he or she acts.
(1) The Official Receiver is, for the purpose of performing the functions imposed and exercising the powers to be conferred on the Official Receiver by or under this or any other Act, incorporated as a corporation sole with the corporate name "Official Receiver in Insolvency". (2) As a corporation s…
(1) The office of Official Receiver or Deputy Official Receiver becomes vacant if— (a) the person dies; (b) the person's term of office expires without the person being reappointed; (c) the person resigns the office by letter in writing addressed to the Cabinet Secretary and the Cabinet Secretary ac…
Neither the Official Receiver nor a Deputy Official Receiver is liable in civil proceedings for any act that the Official Receiver or Deputy Official Receiver has done or omitted to do for the purpose of performing or exercising in good faith any function or power imposed or conferred on the Officia…
(1) The Official Receiver and Deputy Official Receivers may charge fees for performing their official functions, and exercising their official powers, at the rates (if any) prescribed by the insolvency regulations. (2) The Official Receiver shall ensure that all fees charged under subsection (1) tha…
(1) The insolvency regulations may fix or prescribe the amount or rates of fees chargeable under section 706. (2) Those regulations may, for example, prescribe— (a) hourly or other rates; (b) different rates for work done in the bankruptcy by different classes of persons; (c) rates by reference to t…
(1) The Official Receiver shall establish in the Central Bank of Kenya an account, to be called the "Insolvency Services Account". (2) The Official Receiver shall pay into the Insolvency Services Account all money received or recovered by the Official Receiver in the performance and exercise of the…
The Official Receiver shall from time to time pay into the Consolidated Fund out of the Insolvency Services Account so much of the amounts standing to the credit of that Account as represents— (a) dividends which were declared before such date as the National Treasury may from time to time determine…
This Division applies to a public register established under section 47, 337 or 350.
(1) The Official Receiver shall ensure that all public registers are available for access and inspection by members of the public during the Official Receiver's ordinary business hours. (2) However, the Official Receiver may refuse access to a public register or suspend the operation of a public reg…
(1) The public register kept under section 47 has— (a) the purpose of providing information about bankrupts and discharged bankrupts; and (b) the further purposes specified in subsection (4). (2) The public register kept under section 336 has— (a) the purpose of providing information about persons s…
(1) The Official Receiver shall ensure that the public registers contain the prescribed information in respect of the following persons— (a) a person who is or has been bankrupt; (b) a person who is subject to a current summary instalment order; (c) a person who is currently admitted to the no asset…
(1) This section applies to a person who— (a) is or has been bankrupt on two or more occasions; or (b) is or has been both bankrupt and discharged from the no asset procedure under section 358. (2) The Official Receiver shall ensure that information about a person to whom this section applies is not…
(1) The public register kept under section 47 may contain any or all of the documents set out in section 101 in respect of a bankrupt or former bankrupt. (2) The Official Receiver shall ensure that a person only has access to the documents contained in the public register under subsection (1) in res…
(1) The Official Receiver may omit, remove, or restrict access to information contained in a public register in respect of a person if the Official Receiver considers that the disclosure of the information via the public register would be prejudicial to the person's safety or welfare or the safety o…
(1) A person may inspect the public registers only in accordance with this Act and such provisions (if any) of the insolvency regulations as relate to the inspection of the public registers. (2) The public registers relating to bankruptcies, summary instalment orders or the no-asset procedure may be…
Nothing in this Division prevents the use of information contained in the public registers for statistical or research purposes if the information— (a) does not identify anyone; and (b) is not published in any form that could reasonably be expected to identify anyone.
Neither the Government nor the Official Receiver may be sued for any act or omission in relation to the maintenance of a public register under this Division done or omitted to be done in good faith and with reasonable care.
The United Nations Commission on International Trade Law (Model Law on Cross-Border Insolvency) has the force of law in Kenya in the form set out in the Fifth Schedule.
(1) A body corporate that is a creditor or debenture-holder may by resolution of its directors or other governing body authorise a person or persons to act as its representative or representatives— (a) at any meeting of the creditors of a company held in accordance with this Act or of the insolvency…
(1) As soon as practicable after the Court has made an order under a provision of this Act, the Registrar of the Court shall publish on the Court's website a copy of the order or a summary of its contents sufficient to inform creditors and other interested persons of the effect of the order. (2) If…