Section 1016 of The Companies Act No. 17 of 2015: When documents and information are taken to have been sent or supplied by company
(1) This section applies in relation to documents and information sent or supplied by a company.
(2) If—
(a) a document or information is sent by post (whether in hard copy or electronic form) to an address in Kenya; and
(b) the company is able to establish that it was properly addressed, prepaid and posted, the document or information is taken to have been received by the intended recipient forty-eight hours after it was posted.
(3) If—
(a) the document or information is sent or supplied by electronic means; and
(b) the company is able to show that it was properly addressed, it is taken to have been received by the intended recipient forty-eight hours after
it was sent or supplied.
(4) If the document or information is sent or supplied by publishing it on a website, it is taken to have been received by the intended recipient— (a) when the material was first made available on the website; or
(b) if later, when the recipient received (or is taken to have received) notice that the material was available on the website.
(5) In calculating a period of hours for the purposes of this section, any part of a day that is not a working day is to be disregarded.
(6) This section has effect subject—
(a) in its application to documents or information sent or supplied by a company to its members — to any contrary provision of the company's articles;
(b) in its application to documents or information sent or supplied by a company to its debentures holders — to any contrary provision in the document constituting the debentures; and
(c) in its application to documents or information sent or supplied by a company to a person otherwise than in the person's capacity as a member or debenture holder — to any contrary provision in an agreement between the company and that person.
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