Section 146 of Insolvency Act CAP 53: Bankrupt to give bankruptcy trustee information relating to income and expenditure
(1) Whenever the bankruptcy trustee requires it, the bankrupt shall provide the bankruptcy trustee with details of the bankrupt's income and expenditure since the bankruptcy commenced.
(2) A bankrupt who, without reasonable excuse, fails to comply with a requirement of the bankruptcy trustee under subsection (1) commits an offence and on conviction is liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.
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The principles of personal data protection set out in the Data Protection Act (Cap. 411C) shall apply with necessary modifications to the processing and handling, by the bankruptcy trustee, of the...
- Section 149 - Interpretation: Division 15
In this Division—
"building", in relation to a bankrupt, includes a reference to a part of a building in which the bankrupt holds a proprietorial interest;
"place" includes building, premises,...
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(1) If required by the bankruptcy trustee to do so, the bankrupt shall pay an amount or periodic amounts during the bankruptcy as a contribution towards payment of the bankrupt's debts.
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(1) An undischarged bankrupt shall not, without the consent of the bankruptcy trustee or the Court
(either directly or indirectly)—
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- Section 153 - Warrant to search for and seize bankrupt's property
(1) The Court may issue a search warrant to the bankruptcy trustee or any other person if it reasonably believes that any relevant property is concealed in a specified place.
(2) The warrant may...
- Section 154 - Seizure of bankrupt's property
(1) If authorised by a warrant issued by the Court, the bankruptcy trustee or (if not the bankruptcy trustee) the Official Receiver, with such assistants as are considered necessary—
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- Section 156 - Bankrupt's right to inspect documents
A bankrupt is entitled at any reasonable time to inspect and to take copies of—
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- Section 157 - Restrictions on bankrupt dealing with property
(1) After the bankruptcy commences, the bankrupt, and any person (other than the bankruptcy trustee) who claims through or under the bankrupt, ceases to be entitled—
(a) to recover property that is...
- Section 158 - Bankrupt prohibited from taking steps to defeat beneficial interests of others in bankrupt's property
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(1) As soon as practicable after becoming aware or formings reasonable suspicion that a customer is an undischarged bankrupt, a bank shall—
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- Section 160 - Official Receiver entitled to require bank to search records relating to bankrupt's account
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(1) A bankrupt may choose and retain as the bankrupt's own property assets of a description specified in subsection (2) up to a maximum value determined in accordance with subsection (3).
(2) The...
- Section 162 - Bankrupt may retain certain assets with consent of creditors
A bankrupt may retain necessary tools of trade and necessary household furniture and effects that are worth more than the maximum value fixed in accordance with section 161, if the bankrupts'...
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- Section 166 - Bankruptcy trustee may make allowance to bankrupt
The bankruptcy trustee may make an allowance out of the property of the bankrupt to the bankrupt, or to any relative or dependant of the bankrupt, for the support of the bankrupt and the bankrupt's...
- Section 167 - Bankruptcy trustee may allow bankrupt to retain money
(1) The bankruptcy trustee may allow the bankrupt to retain, for the immediate maintenance of the bankrupt and the bankrupt's relatives and dependants, money up to the prescribed limit that the...
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(1) The bankruptcy trustee may, at any time before or after a bankrupt's discharge—
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- Section 169 - Conduct of examination of person summoned by bankruptcy trustee
(1) The bankruptcy trustee may examine on oath the persons summoned for examination in accordance with section 168.
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- Section 170 - Expenses of person summoned by bankruptcy trustee or the Court
A person who is summoned for examination by the bankruptcy trustee—
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- Section 171 - Entitlement of examinee to be represented
(1) A person who is examined or questioned at an examination by the bankruptcy trustee is entitled to be represented by an advocate.
(2) Such a person may be questioned by the bankrupt's advocate,...
- Section 172 - Creditor may inspect record of examination
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(1) A person shall not, without the approval of the Court, publish a report of—
(a) any examination of a person summoned for examination by the bankruptcy trustee; or (b) any matter arising in the...
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Sections 168 to 173 also apply when the bankruptcy trustee has been appointed as interim trustee in respect of all or part of a debtor's property under section 36 and, for that purpose, references in...
- Section 175 - No lien over bankrupt's documents and other records
(1) A person is not entitled as against the bankruptcy trustee to withhold possession of, or claim a lien over—
(a) a document that belongs to the bankrupt; or (b) the bankrupt's business...
- Section 176 - Offences relating to conduct of examinations by bankruptcy trustee
(1) A person who, without reasonable excuse—
(a) fails to comply with a summons attend the public examination of a bankrupt as required by section 168(1);
(b) fails without reasonable excuse to...
- Section 177 - Court to hold public examination if bankruptcy trustee or creditors require
(1) At any time before an absolute order for a bankrupt's discharge is made—
(a) the bankruptcy trustee; or
if a ordinary resolution has been passed at a creditor's meeting seeking the public...
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(2) At least seven days before the date fixed...
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(b) the bankrupt's conduct; and
(c) all...
- Section 180 - Conduct of public examination before the Court
(1) At the time and date fixed by the Court for holding the public examination of a bankrupt, the bankrupt shall attend the examination, and may be examined as to the bankrupt's conduct, affairs and...
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(1) On the holding of a public examination of a bankrupt before the Court, the Court shall ensure that a written record is made of the examination.
(2) The Court shall also ensure that the record of...
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(a) the Court may, either on the bankruptcy trustee's application or its own initiative, by...
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(1) A bankrupt is entitled to be paid such expenses for attending a public examination before the Court as are prescribed by the insolvency regulations for the purposes of this section.
(2) It the...
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- Section 187 - Offences relating to examinations of bankrupts
(1) A person who, without reasonable excuse—
(a) fails to attend an examination as required by section 180(1);
(b) fails to deliver a document as required under section 180(4)(a);
(c) fails to...
- Section 188 - Entitlement of examinee to be represented
(1) A person (including the bankrupt) who is examined or questioned at a public examination of a bankrupt is entitled to be represented by an advocate.
(2) Such a person may be questioned by the...
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(1) This section applies to a payment of money or a delivery of property to a person who is adjudged bankrupt, whether the payment or delivery is made—
(a) on the order of the person; or
(b) from...
- Section 192 - Bankrupt's co-contractor may sue and be sued if there is a joint contractual liability
If the bankrupt is jointly liable under a contract with another person, that other person may sue and be sued on the contract without the bankrupt being joined as a party to the proceeding.
- Section 193 - Bankruptcy trustee may recover advocate's costs
(1) The bankruptcy trustee may recover money paid by a bankrupt to the bankrupt's advocate for costs in obtaining a bankruptcy order, except for those (if any) prescribed for the purpose of this...
- Section 194 - Application of Division 19
(1) This Division applies to the following irregular transactions by the bankrupt before the bankruptcy commenced—
(a) an insolvent transaction;
(b) an insolvent charge;
(c) an insolvent...
- Section 195 - Power to extend certain periods specified in this Division
For the purposes of this Division, a two year period or a six months period referred to in this Division can be extended—
(a) in the case of a bankruptcy order made on a creditor's application, by...