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Section 993 of The Companies Act No. 17 of 2015: Restoration of foreign company to Foreign Companies Register in certain circumstances

    

(1) If the Registrar is satisfied that a foreign company’s name was struck off the Foreign Companies Register as a result of an error on the Registrar’s part, the Registrar may restore the foreign company’s name to that Register, and if the Registrar does so, the foreign company’s name is taken never to have been struck off and the company is taken never to have ceased to be registered under this Part.
(2) A person who is dissatisfied with a decision striking a foreign company's name off the Foreign Company's Register may, within twelve years after the striking off, apply to the Court for the company's name to be restored to that Register.
(3) If, on the hearing of an application made under subsection (2), the Courtis satisfied that—
(a) at the time of the striking off, the foreign company was carrying on business in Kenya; or
(b) it is otherwise just for the foreign company's name to be restored to the register;
the Court may—
(c) make an order directing that company's name to be restored to the Foreign Companies Register; and
(d) if it does so, give such directions, and make such provision, as it thinks just for placing that company and all other persons as nearly as practicable in the same position as if its name had never been struck off.
(4) On the lodgement with the Registrar of an office copy of an order under subsection (3), the foreign company's name is taken never to have been struck off the Foreign Companies Register.
(5) If a foreign company's name is restored to the Foreign Companies Register under subsection (1) or (3), the Registrar shall publish in the Gazette a notice of the restoration.

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

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