Section 176 of Insolvency Act CAP 53: 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 produce a document that the person is required to produce as required by section 168(1)(b)(i);
(c) fails to answer a question as required by section 168(1)(b)(ii); or
(d) in purporting to answer such a question, gives an answer that the person knows, or ought reasonably to know, is false or misleading in a material respect.
commits an offence and on conviction is liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months, or to both.
(2) A person who is questioned under section 168(1)(b)(ii) shall answer all questions put to the person in relation to the bankrupt's conduct, affairs and property to the extent that the person is able to do so.
(3) A person is not excused from answering a question because the question may incriminate or tend to incriminate the person.
(4) Except as provided by subsection (5), a statement made by a person examined or questioned under section 168(1)(b)(ii) in response to a question put to the person in the exercise of a power conferred by this Part is not admissible in criminal proceedings against the person.
(5) Such a statement is admissible in any such proceedings if—
(a) the person was examined or questioned under oath and is charged with an offence under section 108 or 114 of the Penal Code (which respectively relate to perjury and subornation of perjury and to false swearing); or
(b) the statement was made by the bankrupt and the bankrupt is charged with an offence under subsection (1)(c) or (d).
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- 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...
- Section 178 - Bankruptcy trustee to serve notice of examination on bankrupt
(1) As soon as practicable after the Court has made an order under section 177, the bankruptcy trustee shall serve a copy of the order on the bankrupt.
(2) At least seven days before the date fixed...
- Section 179 - Bankruptcy trustee to lodge report with the Court before start of examination
Before the public examination of a bankrupt before the Court begins, the bankruptcy trustee shall lodge with the Court a report on— (a) the bankrupt's estate;
(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...
- Section 181 - Bankruptcy trustee to ensure record of examination is kept
(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...
- Section 182 - When examination ends
(1) The public examination of a bankrupt ends when the Court makes an order declaring that the examination is ended.
(2) The Court may make an order declaring that the examination has ended only if...
- Section 183 - Consequence of bankrupt's failing to attend examination
If the bankrupt does not appear for the examination at the appointed time and has no reasonable excuse—
(a) the Court may, either on the bankruptcy trustee's application or its own initiative, by...
- Section 184 - Bankrupt entitled to be paid expenses for attending examination
(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...
- Section 185 - Power to extend examination companies controlled by bankrupt and bankrupt's associates
(1) If authorised by the Court, the bankruptcy trustee or a person appointed by that trustee may exercise the powers specified in subsection (2) in relation to a company with which the bankrupt is...
- Section 186 - No privilege against self-incrimination, but statements not generally admissible in criminal proceedings against their maker
(1) A person (including the bankrupt) who is examined or questioned at a public examination of a bankrupt shall answer all questions put to the person in relation to the bankrupt's conduct, affairs...
- 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...
- Section 189 - Bankruptcy trustee may continue or disclaim bankrupt's contracts entered into before bankruptcy commenced
If a bankrupt is a party to a contract, the bankruptcy trustee may—
(a) continue the contract, subject to the terms of the contract and all relevant rules of law; or (b) disclaim the contract if it...
- Section 190 - Contract terminated by other contracting party
(1) This section applies if the other party to a contract to which the bankrupt is a party, in accordance with a term of the contract, terminates the contract in consequence of the...
- Section 191 - Transaction with bankrupt made in ignorance of bankruptcy
(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...
- Section 196 - Insolvent transactions may be cancelled by bankruptcy trustee
A transaction by a bankrupt can be cancelled on the bankruptcy trustee's initiative if it—
(a) is an insolvent transaction; and
(b) was made within two years immediately before the bankruptcy...
- Section 197 - Meaning of insolvent transaction for purposes of sections 196
(1) For the purposes of section 196, a transaction is an insolvent transaction by a bankrupt if it—
(a) is entered into or made at a time when the bankrupt is unable to pay the bankrupt's debts;...
- Section 198 - Insolvent transaction presumed
For the purposes of section 196, a transaction that was entered into within the six months before a bankrupt is adjudged bankrupt is presumed, until the contrary is proved, to have been made at a time...
- Section 199 - When series of transactions are to be regarded as single transaction
(1) This section applies if a series of transactions made for commercial purposes forms an integral part of a continuing business relationship (such as a running account) between a bankrupt and a...
- Section 200 - Insolvent charges can be cancelled on bankruptcy trustee's initiative
A charge over any property of a bankrupt can be cancelled on the bankruptcy trustee's initiative if— (a) the charge was created within the two years immediately before the bankruptcy commenced;...
- Section 201 - Charge for new consideration or replacement charge not affected
(1) A charge may not be cancelled under section 200 if it secures—
(a) money actually advanced or paid;
(b) the actual price or value vof property sold or transferred; or
(c) any other valuable...
- Section 202 - Presumption that bankrupt unable to pay due debts
A bankrupt who gave a charge within the six months immediately preceding the commencement of the bankruptcy is presumed, until the contrary is proved, to have been unable to pay the bankrupt's debts...
- Section 203 - Charge for unpaid purchase price given after sale of property
(1) If, in relation to property purchased by a bankrupt, the bankrupt has given to the seller a charge over the property within the two years immediately preceding the bankruptcy, section 200 does not...
- Section 204 - Appropriation of payments by bankrupt to secured creditor
(1) This section applies if the bankrupt has made a payment or payments to a secured creditor after the bankrupt has given a charge to which section 202 or 203 applies.
(2) The bankruptcy trustee...
- Section 205 - Charge agreed before specified period not to be cancelled
A charge or a security right given by the bankrupt under an agreement to give the charge or create a security right that was made or made effective against third parties before the two years...
- Section 206 - Cancellation of gifts made within two years before bankruptcy
A gift made by a bankrupt to another person can be cancelled on the bankruptcy trustee's initiative if the bankrupt made the gift within the two years immediately preceding the commencement of the...
- Section 207 - Cancellation of gifts made by bankrupt made within five and two years before bankruptcy
(1) A gift by a bankrupt to another person can be also cancelled on the bankruptcy trustee's initiative if
—
(a) the bankrupt made the gift during the period beginning five years and ending two...
- Section 208 - Procedure for cancelling irregular transactions
(1) The procedure set out in this section applies to the following irregular transactions— (a) an insolvent transaction;
(b) an insolvent charge;
(c) an insolvent gift;
(d) any other transaction of...
- Section 209 - Court may order retransfer of property or payment of an equivalent value
(1) On the cancellation of an irregular transaction under which property of the bankrupt, or an interest in property of the bankrupt, was transferred, the Court may make an order—
(a) for the...
- Section 210 - Limits on what can be recovered
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(a) the person acted in good...
- Section 211 - Bankruptcy trustee may recover difference in value if transaction is found to be under value
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where—
A is the...
- Section 212 - Court may order recipient of bankrupt's contribution to property of another to pay value to bankruptcy trustee
(1) The bankruptcy trustee may make an application to the Court for an order directing the recipient of a contribution by the bankrupt to the recipient's property to pay the value of the contribution...
- Section 213 - Court's powers in relation to bankrupt's contribution to recipient's property
(1) The Court may—
(a) ascertain the value of the bankrupt's contribution for the purposes of section 212; and (b) order the recipient to pay an amount equal to that value to the bankruptcy...
- Section 214 - How bankruptcy trustee is to use repayment of bankrupt's contribution to property
(1) The bankruptcy trustee shall apply—
(a) the money repaid under section 212 by the recipient of a contribution by the bankrupt to property; or
(b) the proceeds of sale of that property, by taking...
- Section 215 - Interpretation: Division 20
(1) For the purposes of this Division, a creditor's claim is a document that a creditor submits to the bankruptcy trustee for the purpose of proving the debt.
(2) A debt is proved when it is allowed...
- Section 216 - What debts are provable debts
(1) For the purpose of this Division, a provable debt is a debt or liability that the bankrupt owes— (a) at the commencement of the bankruptcy; or
(b) after that commencement but before discharge,...
- Section 217 - Procedure for proving debt: creditor to submit claim form
(1) A creditor (including a creditor who has a preferential claim) who wishes to claim in the bankruptcy shall submit a creditor's claim to the bankruptcy trustee before the deadline for submitting...
- Section 218 - Bankruptcy trustee required to examine creditor's claim
(1) The bankruptcy trustee shall examine each creditor's claim and the grounds of the debt, unless of the opinion that no dividend will be paid to creditors.
(2) As soon as practicable after...
- Section 219 - Bankruptcy trustee to give creditor notice of grounds of rejection
As soon as practicable after rejecting a creditor's claim, or a part of it, the bankruptcy trustee shall give the creditor a notice rejecting the claim or part and specifying the grounds for the...
- Section 220 - Bankruptcy trustee's power to obtain evidence of debt
(1) The bankruptcy trustee may summon for examination, and examine (on oath or otherwise), any of the following persons—
(a) a person who has submitted a creditor's claim;
(b) a person who has made...
- Section 221 - Notice by bankrupt or creditor to bankruptcy trustee to allow or reject creditor's claim
(1) The bankrupt or any creditor may give the bankruptcy trustee notice to allow or reject a creditor's claim.
(2) It the bankruptcy trustee has not made a decision allowing or rejecting the...
- Section 222 - Court may cancel creditor's claim
(1) The Official Receiver, the bankrupt or a creditor may make an application to the Court for an order under subsection (2) on the ground that the bankruptcy trustee improperly allowed a creditor's...
- Section 223 - Power of court to quash or vary bankruptcy trustee's decision rejecting creditor's claim
(1)A creditor whose claim has been rejected by the bankruptcy trustee may apply to the Court to make an order under subsection (3).
(2)An application can be made only within twenty-one days after the...
- Section 224 - Parties to proceedings relating to creditor's claim
(1) This section applies to an application made under section 221, 222 or 223.
(2) If the applicant is not the bankruptcy trustee, the applicant shall serve a copy of the application on the...
- Section 225 - Court may make order as to costs
On the hearing of an application made under section 221, 222 or 223, the Court may, if it considers it appropriate to do so, make an order—
(a) directing specified costs of a creditor to be added to...
- Section 226 - Secured creditor’s options in relation to property that is subject to a charge
(1) If the property of a bankrupt is subject to a charge, the creditor who holds the charge may choose an option specified in subsection (2).
(2) The options are as follows—
(a) Option 1: to realise...