Provisions
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(1) If a limited company is formed under this Act with only one member, the Registrar shall enter in the register of members of the company, the name and address of that member and a statement that the company has only one member. (2) If the number of members of a limited company is reduced to one,…
(1) If— (a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or (b) the cessation of membership of a person who has ceased to be a member of the company has not been entered in that register, the person affected, or the company or…
(1) A company shall not accept, and shall not enter in its register of members, notice of any trust, expressed, implied or constructive. (2) If a company contravenes subsection (1), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to…
Until the contrary is proved, the register of members of a company is evidence of the matters required or authorised to be included in it.
(1) Liability incurred by a company— (a) from making or deleting an entry in the register of members; or (b) from failing to make or delete any such entry, is not enforceable more than ten years after the date on which the entry was made or deleted, or the failure first occurred. (2) Subsection (1)…
(1) In relation to a company other than a company limited by shares, a reference in this Division to shares is a reference to the interest of its members as such, whatever the form of that interest. (2) If a nominee is acting on behalf of a subsidiary, a reference in this Division to a subsidiary in…
(1) Except as provided in sections 109 and 110— (a) a body corporate may not be a member of a company that is its holding company; and (b) any allotment or transfer of shares in a company to its subsidiary is void. (2) An allotment of shares or other transaction that would, but for this section, hav…
(1) The prohibition in section 108(1)(a) does not apply if the subsidiary is acting only in the capacity of— (a) executor or administrator; or (b) trustee unless the subsidiary's holding company or any of its other subsidiaries is beneficially interested under the trust. (2) For the purpose of ascer…
(1) If shares in a company are held in trust for the purposes of a pension scheme or an employees' share scheme, any residual interest that has not yet vested in possession. is to be disregarded for the purposes of section 109. (2) For purposes of this section, "residual interest" means a right of t…
(1) For purposes of section 110, if shares in a company are held in trust for the purposes of a pension scheme or an employees' share scheme, of any charge security right or lien on, or set-off against, any benefit or other right or interest under the scheme is to be disregarded for the purpose of e…
(1) The prohibition in section 108 does not apply if the shares are held by the subsidiary in the ordinary course of its business as an intermediary. (2) For the purposes of subsection (1), a subsidiary carries on business as an intermediary if it— (a) carries on a genuine business of dealing in sec…
If— (a) a subsidiary that is a dealer in securities has purportedly acquired shares in its holding company in contravention of the prohibition in section 108; and (b) a person acting in good faith has agreed, for value and without notice of the contravention, to acquire shares in the holding company…
(1) This section applies to a provision in the articles of a company that enables a member to nominate another person or persons to enjoy or exercise all or any specified rights of the member in relation to the company. (2) So far as is necessary to give effect to a provision of a company's articles…
(1) A member of a company whose shares are admitted to trading on a regulated market and who holds shares on behalf of another person may nominate a person to enjoy information rights. (2) The following are information rights for the purpose of subsection (1)— (a) the right to receive a copy of all…
(1) If the person to be nominated under section 115 wishes to receive copies of documents or other information in hard copy form, that person shall, before the nomination is made— (a) request the person making the nomination to notify the company of that fact; and (b) provide an address to which tho…
(1) When a company sends a copy of a notice of a meeting to a person nominated under section 115, it shall also send to that person a statement that— (a) the nominated person may have a right under an agreement between the person and the member by whom the person was nominated to be appointed, or to…
(1) This section has effect as regards the rights conferred by a nomination under section 115. (2) Enjoyment by the nominated person of the rights conferred by the nomination is enforceable against the company by the member as if they were rights conferred by the company's articles. (3) An enactment…
(1) The nomination of a person under section 115 may be terminated at the request of the member or of the nominated person. (2) The nomination ceases to have effect on the occurrence in relation to the member or the nominated person if— (a) in the case of a natural person, the person dies or is adju…
(1) If a member holds shares in a company on behalf of more than one person— (a) rights attached to the shares; and (b) rights under any written law exercisable because of holding the shares, need not all be exercised, and if exercised, need not all be exercised in the same way. (2) A member who exe…
This Act may be cited as the Traffic Act.
In this Act, unless the context otherwise requires— “Authority" means the National Transport and Safety Authority established under the National Transport and Safety Authority Act; “bicycle” means any bicycle or tricycle not self-propelled; “cattle” includes oxen, bulls, cows, horses, camels, mules,…
(1) The Authority shall be responsible for the registration and licensing of motorvehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act. (2) The Authority shall appoint such licensing officers as may be necessary f…
For the purposes of this Act, motor vehicles shall be divided into the following classes— (a) motor omnibuses; (b) heavy commercial vehicles; (c) commercial vehicles; (d) tractors; (e) motor-cars; (f) motorcycles not exceeding fifty cubic centimetres engine capacity; (g) motorcycles exceeding fifty…
(1) The Authority shall keep records of all motor vehicles and trailers registeredin Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him. (2) Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of cu…
(1) Subject to such conditions as the Registrar may prescribe, registration,licensing or any formalities and procedures under this Act may be carried out by use of information technology. (2) For the purposes of subsection (1), the Registrar may, by notice in theGazette, specify— (a) the procedures…
(1) A person who wishes to be registered as a user of a computerized motorvehicle registration system may apply in writing to the Registrar who may— (a) grant the application subject to such conditions as he may impose; or (b) reject the application. (2) A person shall not access, transmit to, or re…
The Registrar may, at any time, cancel the registration of a registered user of a computerized motor vehicle registration system if satisfied that the user has— (a) failed to comply with a condition of registration imposed by the Registrar under section 3; (b) failed to comply with, or has acted in…
(1) A person commits an offence if the person— (a) knowingly and without lawful authority, by any means gains access to or attempts to gain access to any computerized motor vehicle registration system; or (b) having lawful access to any computerized motor vehicle registration system, knowingly uses…
A person commits an offence if the person knowingly— (a) falsifies any record or information stored in any computerized motor vehicle registration system; (b) damages or impairs any computerized motor vehicle registration system; or (c) damages or impairs any duplicate tape or disc or other medium o…
(1) No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act. (1A) No motor vehicle imported for home use shall be used on a road unless it is registered: Provided that a commercial vehicle wh…