Browse an Act, find a provision and read each section in context.
Browse Acts ↓Where a trust is created in favour of a class of persons - (a) the class shall be deemed to close when it is no longer possible for any person to become a member of that class; and (b) where the interests in a class relate to income, and no member of the class exists, the income shall be accumulated…
(1) Subject to the terms of the trust, a beneficiary may disclaim his or her interest or any part of it, where or not he has received any benefit from the trust. (2) A disclaimer shall be in writing addressed to the trustees.
(1) An enforcer may be appointed in accordance with the terms of the trust. (2) The functions of an enforcer shall be to - (a) enforce the terms of the trust; (b) inquire into the status of implementation of the trust; (c) require the trustee to take remedial action, where there is breach of the ter…
The certificate of incorporation shall vest in the body corporate all movable and immovable property and any interest therein belonging to or held by any person or persons for the benefit of the trust concerned.
(1) An application to the Registrar for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the First Schedule, or such of them as shall be applicable to the case. (2) The Registrar may require such decla…
(1) Before a certificate of incorporation is granted the trustees shall have been effectually appointed or constituted to the satisfaction of the Registrar, and where a certificate of incorporation has been granted vacancies in the number of trustees shall from time to time be filled so far as is re…
A certificate of incorporation so granted shall be conclusive evidence that all the preliminary requirements of this Act in respect of the incorporation have been complied with, and the date of incorporation mentioned in the certificate shall be deemed to be the date at which incorporation has taken…
(1) The trustees in respect of whom a certificate of incorporation has been granted under this Act may apply to the Registrar to vary any of the conditions or directions contained in the certificate, and the Registrar, after calling for such evidence and information as he may require, may, if he is…
(1) The Registrar shall keep and record in a register kept for that purpose each application, order and other document lodged or given under the provisions of this Act, and a duplicate of each certificate of incorporation issued under this Act. (2) Any person, on completion of the prescribed form an…
All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as terms of the trust concerned.
Every application for a certificate of incorporation under this Act and every such certificate shall be charged with the prescribed fee set out in the Second Schedule.
After the incorporation of any trustees pursuant to this Act, every donation, gift and disposition of movable or immovable property, or any interest therein, theretofore lawfully made (but not having actually taken effect) or hereafter lawfully made by deed, will or otherwise to or in favour of the…
(1) The common seal of the corporate body shall have such device as may be approved by the Registrar, and until a common seal is provided the seal of some person may be authorized by the Registrar for use as the common seal of the corporate body. (2) Any instrument to which the common seal of the co…
(1) When any question arises as to whether a person is a member of a body incorporated under this Act, any person interested in that question may apply by petition to the High Court for its opinion thereon. (2) Notice of the hearing shall be given to such persons and in such manner as the court shal…
Any person desiring information may apply in person to the Registrar and, on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the document mentioned in the form.
(1) The Registrar may, if he is satisfied that the circumstances of the case so justify, order that the name of a corporate body be changed. (2) The Registrar may, if he is satisfied that a corporate body in respect of which a certificate of incorporation has been granted under this Act, has ceased…
The Registrar may make regulations for the purpose of regulating any matter or thing to be done under this Act, including the specifying of fees and the prescribing of forms, and generally for the better carrying out of the provisions of this Act.
This Act may be cited as the Hire-Purchase Act.
(1) In this Act, except where the context otherwise requires - “the appointed day”, means such day as the Minister may, by notice in the Gazette, appoint to be the appointed day for the purpose of section 18 of this Act; “contract of guarantee”, in relation to a hire-purchase agreement, means a cont…
(1) This Act applies to and in respect of all hire-purchase agreements entered into after the commencement of this Act under which the hire-purchase price does not exceed the sum of four million shillings or such other higher or lower sum as the Minister may, after taking into account market forces…
(1) Deleted by Act No. 13 of 2017, Sch. (2) For conducting the business of the registry, the Minister may, by notice in the Gazette, appoint a public officer to be Registrar of Hire-Purchase Agreements, a public officer to be Deputy Registrar of Hire-Purchase Agreements and where necessary public of…
(1) Deleted by Act No. 13 of 2017, Sch. (2) The registrar shall, on payment of the prescribed fee, register any hire-purchase agreement delivered to him under subsection (1), unless the agreement is liable to stamp duty and is not duly stamped, or is not in the English language. (3) On registration…
(1) Before a hire-purchase agreement is entered into in respect of any goods, the owner shall state in writing in the prescribed form to the prospective hirer, otherwise than in the agreement, a price at which the goods may be purchased by him for cash (in this section referred to as the cash price)…
Any provisions in hire-purchase agreement whereby— (a) an owner or any person acting on his behalf is authorized to enter upon any premises for the purpose of taking possession of goods which have been let under a hire-purchase agreement, or is relieved from liability for such an entry; or (b) the r…
(1) In every hire-purchase agreement there shall be implied- (a) a condition that the owner will have a right to sell the goods at the time when the property is to pass; (b) a warranty that the hirer shall have and enjoy quiet possession of goods; (c) a warranty that the goods will be free from any…
(1) The owner of goods under a hire-purchase agreement may stipulate in the agreement - (a) that the hirer shall record his postal, residential and business addresses in the agreement; and (b) that, if before the ownership of the goods passes to the hirer, the hirer changes either his postal, reside…
(1) The owner of goods under a hire-purchase agreement may stipulate in the agreement that the hirer shall not remove or permit the removal of the goods from Kenya without the written consent of the owner. (2) If the hirer, in breach of a stipulation made in pursuance of subsection (1) and with inte…
Where the terms of a hire-purchase agreement require the hirer to keep the goods comprised in the agreement in his possession or control at a particular place or not to remove the goods from a particular place, the Court may, on the application of the hirer and after hearing any representations made…
(1) At any time before the final payment under a hire-purchase agreement falls due, the hirer may terminate the agreement by returning the goods to the owner and giving him written notice of termination of the agreement, and if he does so he shall be liable (without prejudice to any liability which…
(1) The hirer under a hire-purchase agreement may give notice in writing to the owner of his intention to complete the purchase of the goods by paying or tendering to the owner on a specified day the net balance due to the owner under the agreement, and having given such notice may complete the purc…