Section 802 of The Companies Act No. 17 of 2015: General powers of Attorney General to give directions to inspectors appointed by the Attorney General
(1) In conducting an investigation under this Division, an inspector shall comply with a direction given to the inspector by the Attorney-General under this section.
(2) The Attorney General may give an inspector appointed by the Attorney General a direction—
(a) about the subject matter of the investigation (whether by reference to a specified area of a company's operation, a specified transaction, a period of time or otherwise); or
(b) that requires the inspector to take, or not to take, specified action in the investigation.
(3) The Attorney General may give an inspector appointed by the Attorney General a direction requiring the inspector to ensure that a specified report under section 809—
(a) includes the inspector's views on a specified matter;
(b) does not include any reference to a specified matter;
(c) is made in a specified form or manner; or (d) is made by a specified date.
(4) A direction under this section—
(a) may be given on an inspector's appointment;
(b) may vary or revoke a direction previously given; and (c) may be given at the request of an inspector.
(5) In this section—
(a) a reference to an inspector’s investigation includes any investigation the inspector undertakes, or could undertake, under section 801; and (b) "specified" means specified in a direction under this section.
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- Section 803 - Direction to terminate conduct of investigation under this Division
(1) The Attorney General may direct an inspector appointed by the Attorney General to conduct an investigation to take no further action in the investigation.
(2) The Attorney General may give a...
- Section 804 - Resignation and revocation of appointment of inspectors appointed by the Attorney General
(1) An inspector appointed by the Attorney General may resign by notice givento the Attorney General.
(2) The Attorney General may revoke the appointment of an inspector by notice given to the...
- Section 805 - Appointment of replacement inspectors appointed by the Attorney General
(1) If an inspector appointed by the Attorney General resigns or dies or theinspector’s appointment is revoked, the Attorney General may appoint one or more competent inspectors to continue the...
- Section 806 - Production of documents and evidence on investigation under this Division
(1) This section applies to—
(a) each officer and agent of the company in relation to which the inspector has been appointed by the Attorney General and, if the investigation extends to a body...
- Section 807 - Obstruction of inspectors appointed by the Attorney General to be contempt of Court
(1) If a person to whom section 806 applies—
(a) refuses to produce to an inspector a document that the inspector has, under that section, required the person to produce; or
(b) refuses to answer a...
- Section 808 - Inspector appointed by the Attorney General may apply to Court toconduct examination of person
(1) If an inspector appointed by the Attorney General believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined,...
- Section 809 - Inspector appointed by the Attorney General to submit reports to the Attorney General
(1) An inspector appointed by the Attorney General—
(a) may (and if so directed by the Attorney General, shall) make interim reports to the Attorney General about the progress of the investigation;...
- Section 810 - Power of Director of Public Prosecutions to bring prosecution for offences disclosed by inspectors’ report made under section 810
(1) If it appears to the Attorney General that a person has, in relation to the company or to any other body corporate whose affairs have been investigated under this Division, committed an offence...
- Section 811 - Power of Attorney General to require information about persons interested in securities of a company
(1) If satisfied that there is good reason to investigate the ownership of securities of a company and that is unnecessary to appoint an inspector for the purpose, the Attorney General may require any...
- Section 812 - Power of Attorney General to impose restrictions on securities
(1) On being satisfied, in relation to an investigation under either section 800 or 811, that there is difficulty in ascertaining the relevant facts about particular securities (whether issued or to...
- Section 813 - Inspector’s report to be evidence
(1) A copy of any report of an inspector appointed under this Part, certified bythe Attorney General to be a true copy, is admissible in all legal proceedings as evidence of the opinion of the...
- Section 814 - Power to bring civil proceedings on company’s behalf
(1) If, from a report made under section 797 or 809, the Attorney Generalconsiders that proceedings ought, in the public interest, to be brought by a body corporate named in the report—
(a) for the...
- Section 815 - Issue of warrants to enter and search premises
(1) On an application made on oath given by or on behalf of an inspector appointed by the Court or by the Attorney-General, a magistrate may issue a warrant under this section if satisfied that there...
- Section 816 - Protection in relation to certain disclosures: information provided to Attorney General
(1) A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence.
(2) A relevant disclosure is a...
- Section 817 - Prohibition on disclosure of information obtained under section 812 or 817
(1) This section applies to information obtained—
(a) as a result of a requirement imposed under section 811; or (b) by means of a relevant disclosure under section 816.
(2) Information to which...
- Section 818 - Offence to destroy, mutilate or falsify company documents
(1) An officer of a company who—
(a) destroys, mutilates or falsifies, or is complicit in the destruction, mutilation or falsification of a document affecting, or relating to the company's property...
- Section 819 - Offence to provide false information
A person who, in purported compliance with a requirement under section 811 to provide information—
(a) provides information that the person knows to be false in a material particular;...
- Section 820 - Disclosure of information by Attorney General or inspector
(1) This section applies to information obtained under Division 1 or 2.
(2) The Attorney General may—
(a) disclose information to which this section applies to any person to whom, or for any purpose...
- Section 821 - Certain information protected from disclosure
(1) Nothing in this Part compels a person to disclose to the Attorney General or to an inspector appointed under this Part information in respect of which in an action in the Court a claim to legal...
- Section 822 - Answers to questions put by inspector during examination admissible in legal proceedings as evidence
(1) An answer given by a person to a question put to the person by the inspectorfor the purposes of an investigation conducted under this Part can be used in evidence in legal proceedings against the...
- Section 823 - Application of this Part to foreign companies
(1) This Part applies to a foreign company that is carrying on business, or hasat any time carried on business, in Kenya except provided by subsection (2).
(2) Section 787 and section 800 to 811 do...
- Section 824 - Offences against this Part committed by bodies corporate
(1) If an offence under this Part is committed by a body corporate, each officer of the body who is in default also commits an offence and on conviction is liable to a fine not exceeding that which...
- Section 825 - Consequence of order imposing restrictions
(1) The following restrictions apply to securities that are subject to an order made by the Attorney General under section 812 or an order of the Court made under 827—
(a) any transfer of the...
- Section 826 - Offence to attempt to evade restriction imposed by or under this Part
(1) Subject to the terms of any directions given, or any conditions imposed, under section 812 or 827, a person who—
(a) exercises, or purports to exercise, a right to dispose of securities that, to...
- Section 827 - Power of Court to order relaxation or removal of restrictions
(1) If an order makes securities of a company subject to the restrictions contained in this Division, any person claiming to be aggrieved by the order may apply to the Court for an order under...
- Section 828 - Provisions applicable to sale by Court order of restricted securities
(1) If securities are sold in accordance with an order of the Court made undersection 828, the seller of the securities shall pay the proceeds of sale (less the costs of the sale) into Court for the...
- Section 829 - Application of Part XXXI
Except as otherwise expressly provided by this Part, this Part applies in relation to the lodgement of a document with, or the provision of information to, the Registrar in electronic form as it...
- Section 830 - Part to apply to foreign companies
This Part applies to foreign companies except in so far as the context otherwise requires and a reference in this Part to a company includes a foreign company.
- Section 831 - Registrar and Deputy and Assistant Registrars of Companies
(1) There is established the Office of the Registrar of Companies.
(2) If the office of Registrar becomes vacant, the Cabinet Secretary shall appoint a suitably qualified person to fill the...
- Section 832 - Register of Companies and functions of Registrar
(1) The Register of Companies referred to in section 3 of the repealed Act is continued.
(2) The Registrar continues to be responsible for keeping the Register of Companies.
(3) The Register...
- Section 833 - Registrar’s official seal
The Registrar is required to have an official seal for the authentication of documents in connection with the performance of the Registrar’s functions.
- Section 834 - Fees payable to Registrar
(1) The regulations may require the payment to the Registrar of fees in respect of—
(a) the performance of any of the Registrar's functions; or
(b) the provision by the Registrar of services or...
- Section 835 - Registrar to give public notice of issue of certificate of incorporation
(1) The Registrar shall publish in the Gazette or in accordance with section 875, notice of the issue by the Registrar of every certificate of incorporation issued to a company on its incorporation or...
- Section 836 - Right to obtain certificate of incorporation
(1) The Registrar shall, if requested to do so by a person and on paymentof the prescribed fee (if any), provide the person with a copy of a certificate of incorporation of any specified...
- Section 837 - Registrar to allocate number to each company
(1) The Registrar shall allocate to every company a registered number, to becalled the company’s registered number that complies with subsection (2).
(2) A company's registered number complies with...
- Section 838 - Registrar to allocate unique number to each foreign company registered under this Act
(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number.
(2) The Registrar shall ensure that the number...
- Section 839 - Power of Registrar to impose requirements with respect to lodgement of documents
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other...
- Section 840 - Regulations may require documents to be lodged by electronic means
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means.
(2) A requirement to...
- Section 841 - Agreement for lodgement of documents by electronic means
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for...
- Section 842 - Document not lodged for purposes of this Act until received by Registrar
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it.
(2) The Registrar's Rules may make specific provision as...
- Section 843 - Requirements for proper lodgement
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section...
- Section 844 - Powers of Registrar to correct documents in certain cases
(1) A document that is lodged with the Registrar for registration may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent.
(2) The power of the...
- Section 845 - Power of Registrar to accept replacement for document previously lodged
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement.
(2) The Registrar may accept a replacement document only if...
- Section 846 - Power of Registrar to exclude unnecessary information
(1) For the purpose of this section, information is unnecessary if it—
(a) is not required in order to comply with an obligation imposed by or under this or any other Act; and
(b) is not...
- Section 847 - Registrar's notice to remedy defective lodgement
(1) This section applies if a document lodged with the Registrar for registration
—
(a) does not meet the requirements for proper lodgement; and
(b) is not corrected under section 844, or replaced...
- Section 848 - Annotation of the Register
(1) The Registrar shall note in the Register-
(a) the date on which a document is lodged with the Registrar for registration;
(b) if a document is corrected under section 844 — the nature and date...
- Section 849 - Allocation of unique identifiers for purpose of identifying directors and certain other persons
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who—
(a) is a director of a company;
(b) is...
- Section 850 - Preservation of original documents
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged.
(2) After the end...
- Section 851 - Power of Registrar to destroy records of dissolved company after lapse of two years
(1) At any time after the expiry of two years from the date on which—
(a) a company has been dissolved; or
(b) a foreign company has ceased to be registered as such in Kenya, the Registrar may...
- Section 852 - Right of members of public to inspect Register
(1) Every member of the public has the right to inspect the Register.
(2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the...