Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) Where an owner institutes a suit to enforce a right to recover possession of goods from a hirer and proves that, before the institution of the suit and after the right to recover possession of the goods accrued, he made a request in writing to the hirer to surrender the goods, the hirer’s posses…
(1) Where goods have been let under a hire-purchase agreement and two-thirds of the hire-purchase price has been paid, whether in pursuance of the agreement or of a judgment or otherwise, or has been tendered by or on behalf of the hirer or a guarantor, the owner shall not enforce any right to recov…
(1) Where a suit is instituted in the circumstances described in section 15 of this Act, the owner shall not take any step to enforce payment of any sum due under the hire-purchase agreement or under any contract of guarantee relating thereto, except by claiming the sum in the suit. (2) Subject to r…
(1) While the operation of an order for the delivery of goods to the owner is postponed under section 16(4)(b), the hirer shall be deemed to be bailee of the goods under and on the terms of the hire-purchase agreement - (i) no further sum shall be or become payable by the hirer or a guarantor on acc…
(1) No person after the appointed day. shall carry on hire-purchase business, except under and in accordance with the terms of a current licence authorizing him to do so. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding two hundred thousa…
The Minister shall appoint a public officer to be the licensing officer for the purposes of this Act.
(1) A person may make application for a licence in the prescribed manner, and the licensing officer shall either grant a licence accordingly, either without conditions or subject to such conditions as he may think fit, or refuse to grant a licence. (2) Where a licensing officer refuses to grant a li…
Where the holder of a licence applies for and is refused a new licence, or where a person who immediately before the commencement of this Act was carrying on hire-purchase business applies before the appointed day for and is refused a licence, he may, notwithstanding section 18 of this Act, continue…
(1) Any person who is refused a licence may appeal to the Minister in writing within one month after the date of the refusal, and the Minister’s decision shall be final. (2) Where a person appeals under subsection (1) of this section, he may continue to carry on hire-purchase business until the appe…
The holder of a licence shall ensure that the licence or a copy thereof is at all times conspicuously displayed in or on every premises in which he carries on hire-purchase business, and if he fails to do so he shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
Where goods have been let under a hire-purchase agreement and at any time after two-thirds of the hire-purchase price has been paid or tendered the owner makes a further hire-purchase agreement with the hirer comprising those goods, sections 15 and 16 shall have effect in relation to that further ag…
Where the owner under a hire-purchase agreement enforces a right to recover possession of the goods from the best price reasonably obtainable as soon as is reasonably practicable and he shall be liable to account for and pay hirer otherwise than by suit, he shall sell the goods at the to the hirer t…
If, while the enforcement by an owner of a right to recover possession of goods from a hirer is restricted by this Act, the hirer refuses to give up possession of goods to the owner, the hirer shall not, by reason only of such refusal, be liable to the owner for conversion of the goods.
(1) If a hirer hands or sends by registered post to the owner a written request therefor, and tenders to the owner a sum of ten shillings for expenses, the owner shall, within fourteen days after the request and tender are received by him, hand or send by registered post to the hirer a statement sig…
A hirer who is liable to make payments in respect of two or more hire-purchase agreements to the same owner shall be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to require the owner to appropria…
An owner shall not be entitled, by reason of the hirer’s failure to carry out any obligation under a hire-purchase agreement, to enforce - (a) any provision in the agreement for the acceleration of the payment of an instalment, unless an instalment, or some part of an instalment which is not less th…
(1) If - (a) in the case of a natural person, the owner is adjudged bankrupt; or (b) in the case of a company, the owner is placed in liquidation, a hire- purchase agreement entered into by the person or company as owner continues in effect after the commencement of the bankruptcy or liquidation and…
If a hirer is adjudged bankrupt, the rights and duties which are the subject of the hire-purchase agreement entered into by the hirer shall vest in his trustee, notwithstanding the terms of the agreement, but without prejudice to the trustee’s right to disclaim: Provided that if the goods are used b…
(1) Any notice or document required or authorized to be served on or given to an owner or hirer under this Act may be so served or given - (a) by delivering it to him personally; (b) by leaving it at his place of abode or business with some other person apparently a resident thereof or employed ther…
(1) The Minister may, in consultation with the Central Bank of Kenya established under the Central Bank of Kenya Act (Cap. 491), determine and publish - (a) the matters to be taken into account in the computation of the hire purchase price and the amounts of the instalments by which the hire purchas…
(1) Every person carrying on hire-purchase business shall furnish to the Minister, at the prescribed time and in the prescribed manner, all such information as the Minister may reasonably require for the proper implementation of this Act. (2) Any person who fails or refuses to comply with a written…
Any person who knowingly gives false information in any proposal form or other document completed for the purpose of entering into a hire-purchase agreement shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months…
(1) The Minister may make rules generally for the better carrying out of any of the provisions or purposes of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1), rules thereunder may provide for all or any of the following matters - (a) anything which is to b…
This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act.
(1) For the purposes of this Act - "appeal" means proceedings by way of application for the discharge or setting aside of a judgment or for a new trial or a stay of execution; "country" includes a constituent territory of a country or any territory for whose international relations a country is resp…
(1) Subject to subsections (2) and (3), this Act applies with respect to - (a) a judgment or order of a designated court in civil proceedings whereby a sum of money is made payable, including an order for the payment of a lump sum as financial provision for, or maintenance of, a spouse or a former o…
(1) In proceedings in which it is necessary for the purposes of this Act to determine whether a court of another country had jurisdiction to adjudicate upon a cause of action, that court shall, subject to subsection (2), be treated as having had jurisdiction, where - (a) the judgment debtor, being t…
(1) Where a judgment to which this Act applies has been given in a designated court, the judgment creditor may apply to the High Court to have that judgment registered within six years of the date of the judgment or, where there have been proceedings by way of appeal against the judgment, of the dat…
(1) Where, on an application under section 5(1), the High Court is satisfied as to the proof of matters required by this Act and any rules of court, it shall, subject to this Act, order the judgment to be registered. (2) An order shall not be registered under subsection (1) if it appears to the High…
(1) Where a sum payable under a judgment which is to be registered under this Act is expressed in a currency other than the currency of Kenya, the judgment may be registered as a judgment for a sum payable in such sums in Kenya currency as are equivalent thereto on the basis of the rate of exchange…