Section 803 of The Companies Act No. 17 of 2015: 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 direction under this section to an inspector appointed by the Attorney General only on the grounds that it appears to the Attorney General that—
(a) matters have come to light in the course of the inspector's investigation that suggest that a criminal offence has been committed; and
(b) those matters have been referred to the appropriate prosecuting authority.
(3) If the Attorney General gives a direction under this section, any direction already given to the inspector under section 809(1) to produce an interim report, and any direction given to the inspector under section 802(3) in relation to such a report, cease to have effect.
(4) If the Attorney General gives a direction under this section, the inspector may make a final report to the Attorney General only if the direction was made on the grounds mentioned in subsection (2) and the Attorney General directs the inspector to make a final report to the Attorney General.
(5) An inspector shall comply with any direction given to the inspector under this section.
(6) In this section, a reference to an inspector’s investigation includes any investigation the inspector undertakes, or could undertake, under section 801.
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- Section 804 - Resignation and revocation of appointment of inspectors appointed by the Attorney General
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(1) This section applies to—
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(1) If a person to whom section 806 applies—
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(b) refuses to answer a...
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- 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
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- 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
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- Section 813 - Inspector’s report to be evidence
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- 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
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- 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—
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- 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.
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- 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.
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(3) The Register...
- Section 833 - Registrar’s official seal
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(1) The regulations may require the payment to the Registrar of fees in respect of—
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- Section 836 - Right to obtain certificate of incorporation
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- Section 837 - Registrar to allocate number to each company
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- Section 838 - Registrar to allocate unique number to each foreign company registered under this Act
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- Section 839 - Power of Registrar to impose requirements with respect to lodgement of documents
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- 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
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- Section 842 - Document not lodged for purposes of this Act until received by Registrar
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- Section 843 - Requirements for proper lodgement
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- 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
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(1) For the purpose of this section, information is unnecessary if it—
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(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
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- 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...
- Section 853 - Right of members of public to be provided with copies of records kept by Registrar
(1) Any member of the public may apply to the Registrar for a copy of anyrecord that forms part of the Register or the Foreign Companies Register.
(2) On receiving such an application, the Registrar...