Section 1024 of The Companies Act No. 17 of 2015: Continuity of the law

    

(1) If a provision of the repealed Act is re-enacted by this Act (with or without modification), the effect of the provision continues subject to this Act.
(2) If—
(a) any act, matter or process required or permitted to be done under, or for the purpose of, a provision of the repealed Act before this section came into operation;
(b) a provision of this Act corresponds to the provision of the repealed Act; and
(c) the act, matter or process was not completed, or had not ceased to have effect, before, this section came into operation,
the act, matter or process shall or (as the case requires) may be completed, or continues to have effect, under the corresponding provision of this Act as if done under or for the purpose of that provision.
(3) Subsection (2) does not apply to subsidiary legislation made under the repealed Act.
(4) Any reference (express or implied) in this Act, or in any other enactment or document, to a provision of this Act is to be interpreted (so far as the context allows) as including, with respect to a time, circumstance or purpose in relation to which the corresponding provision of the repealed Act had effect, a reference to that corresponding provision.
(5) Any reference (express or implied) in an enactment or document to a provision of the repealed Act is to be interpreted (so far as the context allows), with respect to a time, circumstance or purpose in relation to which the corresponding provision of this Act, as being or as including a reference to the corresponding provision of this Act.
(6) If—
(a) any act, matter or process required or permitted to be done under, or for the purpose of, a provision of the repealed Act had been started before the commencement of this section but had not been completed before that commencement; and
(b) no provision of this Act corresponds to that provision of the repealed
Act, the act, matter or process shall or (as the case requires) may be completed
under that provision as if the provision had not been repealed.
(7) This section has effect subject to any specific savings or transitional provision contained in the Sixth Schedule or in savings and transitional regulations made under section 1026.
(8) References in this section to this Act and to the repealed Act include subsidiary legislation made under those Acts.
(9) In this section, "subsidiary legislation" has the same meaning as in section3 of the Interpretation and General Provisions Act—
(a) to affect, in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the date of its publication; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) Without limiting subsection (1), the savings and transitional regulations may provide for a matter to be dealt with, wholly or partly, in any of the following ways:
(a) by applying (with or without modification) to the matter provisions of a written law of Kenya;
(b) by otherwise specifying rules for dealing with the matter;
(c) by specifying a particular consequence of the matter, or of an outcome of the matter.
(5) In this section, matters of a savings or transitional nature include, but are not limited to, matters related to any of the following—
(a) how a matter that arose or existed under the repealed Act is to be dealt with under this Act;
(b) the significance for the purposes of this Act of a matter that arose or existed under the repealed Act;
(c) how a process started but not completed under the repeated Act is to be dealt with;
(d) the preservation of concessions or exemptions (however described) that existed under the repealed Act;
(e) any other matters that are prescribed by regulations made for the purposes of this subsection.


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

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