Section 27 of Insolvency Act CAP 53: Orders if more than one application
(1) If there is more than one bankruptcy application in respect of a debtor, and one application has been stayed by an order of the Court, the Court may, if it believes there is a good reason to do so, make a bankruptcy order in respect of the application that has not been stayed.
(2) On making a bankruptcy order under subsection (1), the Court shall dismiss the application that has been stayed on such terms as it considers appropriate.
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- Section 28 - Orders if there is more than one order
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(1) This section applies if a debtor—
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(b) has...
- Section 30 - Court may stay application while underlying debt is determined
(1) This section applies if a debtor appears in opposition to a creditor's application and the debtor claims that the debtor—
(a) does not owe a specified debt to the creditor; or
(b) owes a...
- Section 31 - Court may allow one creditor to be substituted for another
In the case of a creditor's application, the Court may substitute another creditor for the creditor making the application if—
(a) the applicant creditor has not proceeded with due diligence, or at...
- Section 32 - When debtor may make application for bankruptcy order
(1) A debtor may make an application to the Court for an order adjudging the debtor bankrupt only on the grounds that the debtor is unable to pay the debtor's debts.
(2) The Court may decline to deal...
- Section 33 - Appointment of insolvency practitioner by the Court
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- Section 34 - Action on report of insolvency practitioner
(1) The insolvency practitioner appointed under section 33 shall—
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(b) within such period as the Court may specify, submit a report to the Court...
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- Section 36 - Appointment of interim trustee of debtor's property on application of creditor
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- Section 37 - Additional orders after appointment of interim trustee
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(2) An application for the...
- Section 38 - Notice of appointment of interim trustee to be published
(1) As soon as practicable after the appointment of an interim trustee, the trustee shall publish a notice of the appointment—
(a) in one or more newspapers circulating in Kenya; and
(b) in such...
- Section 39 - Execution process not to be issued after notice of appointment of trustee is published
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(2) A creditor may not continue an...
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If execution is stayed under section 39, sections 109, 110, 111, 112, 113, 114 and 116 apply as if the order staying execution were a bankruptcy order.
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A bankruptcy under this Act commences on the date and at the time when a bankruptcy order is made in respect of the debtor.
- Section 42 - Date and time of bankruptcy order to be recorded
(1) On making a bankruptcy order, the Court shall record the date and time when the order was made.
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- Section 43 - Registrar of the Court to notify trustee of bankruptcy order
As soon as practicable after the Court has made a bankruptcy order in respect of a debtor, the Registrar of the Court shall forward a copy of the order to the Official Receiver.
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(1) As soon as practicable after receiving a copy of a bankruptcy order, the Official Receiver shall nominate a qualified person to be bankruptcy trustee in respect of the debtor's property.
(2) In...
- Section 45 - Presumption that act was done, or transaction was entered into or made, after bankruptcy
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- Section 46 - Bankruptcy order to be binding on all persons
A bankruptcy order becomes binding on the bankrupt and all other persons—
(a) on the expiry of the time within which an appeal may be lodged against the order; or
(b) if an appeal is lodged in...
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(1) The Official Receiver shall establish and maintain a public register of undischarged and discharged bankrupts.
(2) The Official Receiver shall maintain the register in accordance with Division 2...
- Section 48 - What happens or is to happen on and after bankruptcy commences
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(a) all proceedings to recover the bankrupt's debts are stayed; and
(b) the property of the bankrupt (whether in or outside Kenya), and the powers that the...
- Section 49 - Official Receiver to serve notice on bankrupt requiring the bankrupt to lodge statement of the bankrupt's financial position
(1) Within thirty days after receiving notice of a bankruptcy order, the Official Receiver shall serve on the bankrupt a notice—
(a) stating that a bankruptcy order has been made in respect of the...
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(1) Within fourteen days after being served with the notice in accordance with section 49 (or within such extended period not exceeding sixty days as the Official Receiver may allow), the bankrupt...
- Section 51 - Creditors entitled to inspect and take copies of statement of bankrupt's financial position
(1) A person who in writing claims to be a creditor of the bankrupt is entitled, at all reasonable times
(either personally or through an agent—
(a) to inspect the statement of the bankrupt's...
- Section 52 - Official Receiver to convene first meeting of creditors
(1) The Official Receiver shall, subject to subsection (5), convene the first meeting of the bankrupt's creditors within the prescribed period, unless the Official Receiver decides, in accordance with...
- Section 53 - Circumstances in which Official Receiver may decide not to convene first meeting of creditors
(1) The Official Receiver may decide not to convene a first creditors' meeting if the Official Receiver—
(a) has sent to each creditor named in the statement of the bankrupt's financial position, and...
- Section 54 - Documents to be sent with notice of meeting
(1) The Official Receiver shall send the following documents with the notice of the first meeting of creditors—
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(b) extracts...
- Section 55 - Power of creditors to requisition meeting
(1) If, in the case of a bankruptcy, the Official Receiver has not yet convened a first meeting of creditors, or has decided not to convene such a meeting, any creditor of the bankrupt may request the...
- Section 56 - Execution process not to be begin or continue after bankruptcy order advertised
(1) A creditor may not begin or continue an execution process in respect of the bankrupt's property or person for the recovery of a debt provable in the bankruptcy, after the Official...
- Section 57 - Effect of bankrupt's death after bankruptcy order
If a bankrupt dies after being adjudged bankrupt, the bankruptcy continues in all respects as if the bankrupt were still alive.
- Section 58 - Creditors' role at creditors' meetings
The role of the creditors in the bankruptcy primarily—
(a) to attend meetings of the creditors;
(b) to submit proofs of the debts of the bankrupt; and (c) to examine the bankrupt at those...
- Section 59 - Power to appoint bankruptcy trustee
(1) The power to appoint a person as a bankruptcy trustee in respect of a bankrupt's estate, or to fill a vacancy in such an appointment, is exercisable—
(a) except as provided by paragraph (b) or...
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(1) The Official Receiver may, at any time while acting as bankruptcy trustee in respect of a bankrupt's estate under a provision of this Division (other than section 62), appoint another qualified...
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- Section 63 - Powers of bankruptcy trustee
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(b) without that approval, exercise any...
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(1) A bankruptcy trustee may sell property of the bankrupt before the first meeting of creditors only if
—
(a) it is perishable or is likely to rapidly diminish in value;
(b) in that trustee's...
- Section 65 - Title of purchaser from bankruptcy trustee
The title of a purchaser of the bankrupt's property from a bankruptcy trustee under a document that is made in the exercise of the bankruptcy trustee's power of sale in the First Schedule may not be...
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(1) A bankruptcy trustee may, if the Court has first approved it, assign a right to sue that is conferred on the bankruptcy trustee by this Act.
(2) An application for such an approval may—
(a) be...
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(1) If a member of a business partnership is adjudged bankrupt, the Court may authorise the bankruptcy trustee to bring proceedings in the names of the bankruptcy trustee and the bankrupt's...
- Section 69 - Discharge or transfer of indenture of apprenticeship or articles of agreement on bankruptcy of employer
(1) If a person is apprenticed or is an articled clerk to an employer who is adjudged bankrupt, either of them may give notice to the bankruptcy trustee or the Official Receiver requesting that the...
- Section 70 - Bankruptcy trustee may apply for directions by the Court
(1) A bankruptcy trustee may apply to the Court for directions on any question concerning the operation of this Part.
(2) A bankruptcy trustee who acts under a direction of the Court discharges the...
- Section 71 - Application to the Court to reverse or modify bankruptcy trustee's decision
(1) A person (including the bankrupt or a creditor) whose interests, monetary or otherwise, are detrimentally affected by an act or decision to which this section applies may apply to the Court to...
- Section 72 - Bankruptcy trustee to keep proper accounting records
(1) A bankruptcy trustee shall—
(a) keep proper accounting records for each bankruptcy in the form and manner prescribed by the insolvency regulations; and
(b) if required by the Court to do so,...
- Section 73 - Bankruptcy trustee’s final statement of receipts and payments
(1) The bankruptcy trustee shall prepare a final statement of receipts and payments that complies with subsection (2)—
(a) as soon as practicable after the distribution of the final dividend has been...
- Section 74 - Audit of bankruptcy trustee's accounts
(1) If, in relation to a bankruptcy, the Official Receiver is not the bankruptcy trustee, the Official
Receiver may from time to time audit—
(a) the bankruptcy trustee's accounting records for any...
- Section 75 - Removal of bankruptcy trustee and vacation of office
(1) Except as otherwise provided by this section, a bankruptcy trustee appointed in respect of a bankrupt’s estate may be removed from office only by—
(a) an order of the Court; or
(b) a creditor's...
- Section 76 - When Official Receiver is released from obligations as bankruptcy trustee
(1) If a person has been appointed by the Court to replace the Official Receiver on his or her ceasing to hold office as bankruptcy trustee in respect of a bankrupt's estate, the Official Receiver is...
- Section 77 - When bankruptcy trustee, not being the Official Receiver, is released from obligation
(1) This section applies when a person other than the Official Receiver ceases hold office as a bankruptcy trustee.
(2) If the person has been removed from office by a meeting of the bankrupt’s...