- Section 103 of The Companies Act No. 17 of 2015: Power of Court to rectify register
(1) If—
(a) the name of any person is, without sufficient cause, entered in or
omitted from the register of members of a company; or
(b) the cessation of membership of a person who has ceased to be a
member of the company has not been entered in that register,
the person affected, or the...
- Section 104 of The Companies Act No. 17 of 2015: Trusts not to be entered on register
(1) A company shall not accept, and shall not enter in its register of members,
notice of any trust, expressed, implied or constructive.
(2) If a company contravenes subsection (1), the company, and each officer
of the company who is in default, commit an offence and on conviction are...
- Section 105 of The Companies Act No. 17 of 2015: Register to be evidence
Until the contrary is proved, the register of members of a company is evidence
of the matters required or authorised to be included in it.
- Section 106 of The Companies Act No. 17 of 2015: Time limit for claims arising from entry in register
(1) Liability incurred by a company—
(a) from making or deleting an entry in the register of members; or
(b) from failing to make or delete any such entry,
is not enforceable more than ten years after the date on which the entry was
made or deleted, or the failure first occurred.
(2) Subsection...
- Section 107 of The Companies Act No. 17 of 2015: Interpretation: Division 3
(1) In relation to a company other than a company limited by shares, a reference
in this Division to shares is a reference to the interest of its members as such,
whatever the form of that interest.
(2) If a nominee is acting on behalf of a subsidiary, a reference in this Division
to a...
- Section 108 of The Companies Act No. 17 of 2015: Prohibition on subsidiary being a member of its holding company
(1) Except as provided in sections 109 and 110—
(a) a body corporate may not be a member of a company that is its holding
company; and
(b) any allotment or transfer of shares in a company to its subsidiary is
void.
(2) An allotment of shares or other transaction that would, but for this...
- Section 109 of The Companies Act No. 17 of 2015: Subsidiary acting as executor, administrator or trustee
(1) The prohibition in section 108(1)(a) does not apply if the subsidiary is acting
only in the capacity of—
(a) executor or administrator; or
(b) trustee unless the subsidiary's holding company or any of its other
subsidiaries is beneficially interested under the trust.
(2) For the purpose of...
- Section 110 of The Companies Act No. 17 of 2015: Interest to be disregarded: residual interest under pension scheme or employees’ share scheme
(1) If shares in a company are held in trust for the purposes of a pension scheme
or an employees' share scheme, any residual interest that has not yet vested in
possession. is to be disregarded for the purposes of section 109.
(2) For purposes of this section, "residual interest" means a right...
- Section 111 of The Companies Act No. 17 of 2015: Employers' rights of recovery under pension scheme or employees' share scheme
(1) For purposes of section 110, if shares in a company are held in trust for
the purposes of a pension scheme or an employees' share scheme, of any charge
security right or lien on, or set-off against, any benefit or other right or interest
under the scheme is to be disregarded for the purpose...
- Section 112 of The Companies Act No. 17 of 2015: Subsidiary acting as authorised dealer in securities
(1) The prohibition in section 108 does not apply if the shares are held by the
subsidiary in the ordinary course of its business as an intermediary.
(2) For the purposes of subsection (1), a subsidiary carries on business as an
intermediary if it—
(a) carries on a genuine business of dealing in...
- Section 113 of The Companies Act No. 17 of 2015: Protection of third parties in cases if subsidiary acting as dealer in securities
If—
(a) a subsidiary that is a dealer in securities has purportedly acquired
shares in its holding company in contravention of the prohibition in
section 108; and
(b) a person acting in good faith has agreed, for value and without notice
of the contravention, to acquire shares in the holding...
- Section 114 of The Companies Act No. 17 of 2015: Effect of provisions of articles relating to enjoyment or exercise of rights of members
(1) This section applies to a provision in the articles of a company that enables
a member to nominate another person or persons to enjoy or exercise all or any
specified rights of the member in relation to the company.
(2) So far as is necessary to give effect to a provision of a company's...
- Section 115 of The Companies Act No. 17 of 2015: Traded companies: nomination of persons to enjoy information rights
(1) A member of a company whose shares are admitted to trading on a
regulated market and who holds shares on behalf of another person may nominate
a person to enjoy information rights.
(2) The following are information rights for the purpose of subsection (1)—
(a) the right to receive a copy of...
- Section 116 of The Companies Act No. 17 of 2015: Information rights: form in which copies to be provided
(1) If the person to be nominated under section 115 wishes to receive copies
of documents or other information in hard copy form, that person shall, before the
nomination is made—
(a) request the person making the nomination to notify the company of
that fact; and
(b) provide an address to...
- Section 117 of The Companies Act No. 17 of 2015: Information on possible rights in relation to voting
(1) When a company sends a copy of a notice of a meeting to a person
nominated under section 115, it shall also send to that person a statement that—
(a) the nominated person may have a right under an agreement between
the person and the member by whom the person was nominated to
be appointed,...
- Section 118 of The Companies Act No. 17 of 2015: Information rights and status of rights
(1) This section has effect as regards the rights conferred by a nomination
under section 115.
(2) Enjoyment by the nominated person of the rights conferred by the
nomination is enforceable against the company by the member as if they were
rights conferred by the company's articles.
(3) An...
- Section 119 of The Companies Act No. 17 of 2015: Termination or suspension of nomination
(1) The nomination of a person under section 115 may be terminated at the
request of the member or of the nominated person.
(2) The nomination ceases to have effect on the occurrence in relation to the
member or the nominated person if—
(a) in the case of a natural person, the person dies or is...
- Section 120 of The Companies Act No. 17 of 2015: Exercise of rights if shares held on behalf of others
(1) If a member holds shares in a company on behalf of more than one person—
(a) rights attached to the shares; and
(b) rights under any written law exercisable because of holding the
shares,
need not all be exercised, and if exercised, need not all be exercised in the
same way.
(2) A member...
- Section 1 of Traffic Act CAP 403: Short title
This Act may be cited as the Traffic Act.
- Section 2 of Traffic Act CAP 403: Interpretation
In this Act, unless the context otherwise requires—
“Authority" means the National Transport and Safety Authority established under the National Transport and Safety Authority Act;
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels,...
- Section 3 of Traffic Act CAP 403: Appointment of officers
(1) The Authority shall be responsible for the registration and licensing of motorvehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act.
(2) The Authority shall appoint such licensing officers as may be necessary...
- Section 4 of Traffic Act CAP 403: Classification of vehicles
For the purposes of this Act, motor vehicles shall be divided into the following classes—
(a) motor omnibuses;
(b) heavy commercial vehicles;
(c) commercial vehicles;
(d) tractors;
(e) motor-cars;
(f) motorcycles not exceeding fifty cubic centimetres engine capacity;
(g) motorcycles exceeding...
- Section 5 of Traffic Act CAP 403: Records of vehicles
(1) The Authority shall keep records of all motor vehicles and trailers registeredin Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him.
(2) Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of...
- Section 5A of Traffic Act CAP 403: Use of information technology
(1) Subject to such conditions as the Registrar may prescribe, registration,licensing or any formalities and procedures under this Act may be carried out by use of information technology.
(2) For the purposes of subsection (1), the Registrar may, by notice in theGazette, specify—
(a) the...
- Section 5B of Traffic Act CAP 403: Application to use of computerized motor vehicle registration system
(1) A person who wishes to be registered as a user of a computerized motorvehicle registration system may apply in writing to the Registrar who may—
(a) grant the application subject to such conditions as he may impose; or
(b) reject the application.
(2) A person shall not access, transmit to, or...
- Section 5C of Traffic Act CAP 403: Cancellation of registration of registered user
The Registrar may, at any time, cancel the registration of a registered user of a computerized motor vehicle registration system if satisfied that the user has—
(a) failed to comply with a condition of registration imposed by the Registrar under section 3;
(b) failed to comply with, or has acted...
- Section 5D of Traffic Act CAP 403: Unauthorized access to computerized motor vehicle registration system
(1) A person commits an offence if the person—
(a) knowingly and without lawful authority, by any means gains access to or attempts to gain access to any computerized motor vehicle registration system; or
(b) having lawful access to any computerized motor vehicle registration system, knowingly...
- Section 5E of Traffic Act CAP 403: Interference with computerized motor vehicle registration system
A person commits an offence if the person knowingly—
(a) falsifies any record or information stored in any computerized motor vehicle registration system;
(b) damages or impairs any computerized motor vehicle registration system; or
(c) damages or impairs any duplicate tape or disc or other...
- Section 6 of Traffic Act CAP 403: Motor vehicles and trailers to be registered
(1) No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
(1A) No motor vehicle imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle...
- Section 6A of Traffic Act CAP 403: Relocation of motor vehicles
(1) Where the owner of a motor vehicle intends to move the motor vehiclepermanently to a place outside Kenya, the owner shall forthwith, return the identification plates and registration certificate issued under this Act in respect of the motor vehicle to the Registrar for cancellation.
(2) The...