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Section 219 of The Companies Act No. 17 of 2015: Applications to court under section 219

    

(1) If the Attorney General is satisfied that it would be in the public interest fora disqualification order under section 218 to be made against a person—
(a) the Attorney General; or
(b) if the Attorney General so directs in the case of a person who is or has been a director or secretary of a company that is being liquidated by the Court—the Official Receiver, may make an application to a court for such an order.
(2) Except with the leave of the relevant court, an application for the making of an order under section 218 of a disqualification order against a person may not be made after the expiry of two years from and including the day on which the company of which the person is or has been a director or secretary became insolvent.
(3) If satisfied that the conditions referred to in section 218(1) are complied within relation to a person who has offered to enter into a disqualification undertaking, the Attorney General may accept the undertaking if of the view that it would be in the public interest to do so, instead of applying, or proceeding with an application, for a disqualification order.
(4) Subsections (5) to (7) apply to the following office holders:
(a) in the case of a company that is being liquidated by the Court—the Official Receiver;
(b) in the case of a company that is being liquidated otherwise that by the Court—the liquidator;
(c) in the case of a company that is under administration —the administrator.
(5) If an office holder is satisfied that the conditions specified in section 218(1) are complied with in relation to a person who is or has been a director or secretary of the company concerned, the office-holder shall immediately report the matter to the Attorney General.
(6) The Attorney General or the Official Receiver may request an office holderor former office holder—
(a) to provide the Attorney General or Official Receiver with such information with respect to the conduct of a person as a director or secretary of the company; and
(b) to produce and permit inspection of such records relevant to the conduct of the person as a director or secretary, as the Attorney General or the Official Receiver may reasonably require for the purpose of determining whether to make an application under subsection (1).
(7) As soon as practicable after receiving a request under subsection (6), anoffice holder or former office holder shall comply with the request so far as it is possible to do so.
(8) An officer holder or former office holder who, without reasonable excuse,fails to comply with subsection (5) or (6) commits an offence and on conviction is liable to a fine not exceeding two hundred thousand shillings.

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Disclaimer: This document is not to be taken as legal advise.

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