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Section 478 of The Companies Act No. 17 of 2015: Company to make directors’ statement and auditor’s report to be available for inspection

    

(1) A company that passes a resolution in accordance with section 475 shall ensure that the directors’ statement and auditor’s report required by section 472 are kept available for inspection throughout the relevant period.
(2) For the purpose of subsection (1), the relevant period is the period—(a) from and including the day on which the company—
(i) first publishes the notice required by section 477(1); or
(ii) if earlier, first publishes or gives the notice required by section 477(2); and
(b) ending five weeks after the date of the resolution for payment out of capital.
(3) Except in so far as the regulations otherwise provide, a company to which this section applies shall keep the directors' statement and auditor's report available for inspection at its registered office.
(4) The company shall, on being requested to do so by a member of the company, make the directors' statement and auditor's report available for inspection by the member without charge.
(5) If a member of the company requests the company to provide the member with a copy of the directors' statement or auditor's report, the company shall comply with the request within seven days after receiving the request, subject to payment of the prescribed fee (if any).
(6) If the company fails without reasonable excuse to comply with—
(a) subsection (3); or
(b) a request made under subsection (4) or (5), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.
(7) If, after a company or any of its officers is convicted of an offence under subsection (8), the company continues to fail to comply with subsection (3), or with the relevant request, the company, and each officer of the company who is in default, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding fifty thousand shillings for each such offence.
(8) If a company refuses to allow an inspection as requested under subsection(4), or to provide a copy of a record requested under subsection (5), the Court may, on the application of a person affected by the refusal, make an order compelling the company to allow an immediate inspection of the records, or to provide that person with a copy of the requested record.
(9) At the hearing of an application made under subsection (8), the company is entitled to be heard as respondent in the proceedings.

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

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