- Section 794 of The Companies Act No. 17 of 2015: Obstruction of inspectors appointed by Court to be contempt of Court
(1) If an officer or agent of the company or other body corporate—
(a) refuses to produce to an inspector a document that the inspector has, under section 793, required the officer or agent to produce; or
(b) refuses to answer a question that is put to the officer or agent by an inspector under...
- Section 795 of The Companies Act No. 17 of 2015: Power of inspector appointed by Court to apply to Court to conduct examination of person
(1) If an inspector appointed under section 786 or 787 believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined, the inspector may apply to the Court to conduct an examination of the person.
(2) After hearing...
- Section 796 of The Companies Act No. 17 of 2015: Power of Court to obtain information from former inspectpor etc.
(1) This section applies to a person who has been appointed as an inspector under section 786 or 787, but— (a) who has since resigned; or whose appointment has since been revoked.
(2) This section also applies to an inspector to whom the Court has given a direction under section 803.
(3) The Court...
- Section 797 of The Companies Act No. 17 of 2015: Inspector appointed by the Court to submit reports to the Court
(1) An inspector appointed by the Court—
(a) may (and if so directed by the Court, shall) make interim reports to the Court about the progress of the investigation; and
(b) as soon as practicable after the conclusion of the investigation, shall make a final report of the investigation to the...
- Section 798 of The Companies Act No. 17 of 2015: Power of Director of Public Prosecutions to bring prosecution for offences disclosed by inspectors’ report
(1) If it appears to the Court that a person has, in relation to the company or to any other body corporate whose affairs have been investigated committed an offence for which the person is criminally liable, the Court shall submit a copy of the report to the Director of Public...
- Section 799 of The Companies Act No. 17 of 2015: Expenses of investigation of company’s affairs
(1) The expenses of and incidental to an investigation by inspectors appointed by the Court are in the first instance to be met by the Attorney General, but the persons referred to in subsections (2) to (6) are liable to reimburse the Attorney General to the extent specified in those...
- Section 800 of The Companies Act No. 17 of 2015: Appointment of inspector to investigate ownership of company
(1) If satisfied that there are reasonable grounds for doing so, the Attorney General shall appoint one or more competent inspectors to investigate and report on the membership of a company for the purpose of determining the persons—
(a) who are or have been financially interested in the success or...
- Section 801 of The Companies Act No. 17 of 2015: Power of inspector appointed by Attorney General to investigate ownership, etc. of related companies
An inspector appointed by the Attorney General may also investigate the ownership of another body corporate that is related to the company if the inspector considers that the results of the investigation are or could be relevant to the investigation relating to the company.
- Section 802 of The Companies Act No. 17 of 2015: General powers of Attorney General to give directions to inspectors appointed by the Attorney General
(1) In conducting an investigation under this Division, an inspector shall comply with a direction given to the inspector by the Attorney-General under this section.
(2) The Attorney General may give an inspector appointed by the Attorney General a direction—
(a) about the subject matter of the...
- Section 803 of The Companies Act No. 17 of 2015: Direction to terminate conduct of investigation under this Division
(1) The Attorney General may direct an inspector appointed by the Attorney General to conduct an investigation to take no further action in the investigation.
(2) The Attorney General may give a direction under this section to an inspector appointed by the Attorney General only on the grounds that...
- Section 804 of The Companies Act No. 17 of 2015: Resignation and revocation of appointment of inspectors appointed by the Attorney General
(1) An inspector appointed by the Attorney General may resign by notice givento the Attorney General.
(2) The Attorney General may revoke the appointment of an inspector by notice given to the inspector.
- Section 805 of The Companies Act No. 17 of 2015: Appointment of replacement inspectors appointed by the Attorney General
(1) If an inspector appointed by the Attorney General resigns or dies or theinspector’s appointment is revoked, the Attorney General may appoint one or more competent inspectors to continue the investigation.
(2) An appointment under subsection (1) is, for the purposes of this Division(apart from...
- Section 806 of The Companies Act No. 17 of 2015: Production of documents and evidence on investigation under this Division
(1) This section applies to—
(a) each officer and agent of the company in relation to which the inspector has been appointed by the Attorney General and, if the investigation extends to a body corporate related to the company, each officer and agent of the body corporate;
(b) each person who is or...
- Section 807 of The Companies Act No. 17 of 2015: Obstruction of inspectors appointed by the Attorney General to be contempt of Court
(1) If a person to whom section 806 applies—
(a) refuses to produce to an inspector a document that the inspector has, under that section, required the person to produce; or
(b) refuses to answer a question that is put to the person by an inspector under that section with respect to the affairs of...
- Section 808 of The Companies Act No. 17 of 2015: Inspector appointed by the Attorney General may apply to Court toconduct examination of person
(1) If an inspector appointed by the Attorney General believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined, the inspector may apply to the Court to conduct an examination of the person.
(2) After hearing an...
- Section 809 of The Companies Act No. 17 of 2015: Inspector appointed by the Attorney General to submit reports to the Attorney General
(1) An inspector appointed by the Attorney General—
(a) may (and if so directed by the Attorney General, shall) make interim reports to the Attorney General about the progress of the investigation; and
(b) as soon as practicable after the conclusion of the investigation, shall make a final report...
- Section 810 of The Companies Act No. 17 of 2015: Power of Director of Public Prosecutions to bring prosecution for offences disclosed by inspectors’ report made under section 810
(1) If it appears to the Attorney General that a person has, in relation to the company or to any other body corporate whose affairs have been investigated under this Division, committed an offence for which the person is criminally liable, the Court shall forward a copy of the report to the...
- Section 811 of The Companies Act No. 17 of 2015: Power of Attorney General to require information about persons interested in securities of a company
(1) If satisfied that there is good reason to investigate the ownership of securities of a company and that is unnecessary to appoint an inspector for the purpose, the Attorney General may require any person whom the Attorney General reasonably believes—
(a) to be or to have been interested in...
- Section 812 of The Companies Act No. 17 of 2015: Power of Attorney General to impose restrictions on securities
(1) On being satisfied, in relation to an investigation under either section 800 or 811, that there is difficulty in ascertaining the relevant facts about particular securities (whether issued or to be issued), the Attorney General may, by order, direct the securities to be subject to the...
- Section 813 of The Companies Act No. 17 of 2015: Inspector’s report to be evidence
(1) A copy of any report of an inspector appointed under this Part, certified bythe Attorney General to be a true copy, is admissible in all legal proceedings as evidence of the opinion of the inspector in relation to any matter contained in the report.
(2) A document purporting to be a certificate...
- Section 814 of The Companies Act No. 17 of 2015: Power to bring civil proceedings on company’s behalf
(1) If, from a report made under section 797 or 809, the Attorney Generalconsiders that proceedings ought, in the public interest, to be brought by a body corporate named in the report—
(a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the...
- Section 815 of The Companies Act No. 17 of 2015: Issue of warrants to enter and search premises
(1) On an application made on oath given by or on behalf of an inspector appointed by the Court or by the Attorney-General, a magistrate may issue a warrant under this section if satisfied that there are reasonable grounds for believing that on specified premises there are documents whose production...
- Section 816 of The Companies Act No. 17 of 2015: Protection in relation to certain disclosures: information provided to Attorney General
(1) A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence.
(2) A relevant disclosure is a disclosure that complies with the following conditions—
(a) it is made to the Court or the Cabinet...
- Section 817 of The Companies Act No. 17 of 2015: Prohibition on disclosure of information obtained under section 812 or 817
(1) This section applies to information obtained—
(a) as a result of a requirement imposed under section 811; or (b) by means of a relevant disclosure under section 816.
(2) Information to which this section applies may be disclosed only if it—(a) is made to a person specified in the Fourth...
- Section 818 of The Companies Act No. 17 of 2015: Offence to destroy, mutilate or falsify company documents
(1) An officer of a company who—
(a) destroys, mutilates or falsifies, or is complicit in the destruction, mutilation or falsification of a document affecting, or relating to the company's property or affairs; or
(b) makes, or is complicit in making, a false entry in such a document, commits an...
- Section 819 of The Companies Act No. 17 of 2015: Offence to provide false information
A person who, in purported compliance with a requirement under section 811 to provide information—
(a) provides information that the person knows to be false in a material particular; or
(b) recklessly provides information that is false in a material particular commits an offence and on conviction...
- Section 820 of The Companies Act No. 17 of 2015: Disclosure of information by Attorney General or inspector
(1) This section applies to information obtained under Division 1 or 2.
(2) The Attorney General may—
(a) disclose information to which this section applies to any person to whom, or for any purpose for which, disclosure is permitted under section 817; or
(b) require or authorise an inspector...
- Section 821 of The Companies Act No. 17 of 2015: Certain information protected from disclosure
(1) Nothing in this Part compels a person to disclose to the Attorney General or to an inspector appointed under this Part information in respect of which in an action in the Court a claim to legal professional privilege could be maintained.
(2) Except as provided by subsection (3), nothing in...
- Section 822 of The Companies Act No. 17 of 2015: Answers to questions put by inspector during examination admissible in legal proceedings as evidence
(1) An answer given by a person to a question put to the person by the inspectorfor the purposes of an investigation conducted under this Part can be used in evidence in legal proceedings against the person.
(2) However, in criminal proceedings in which that person is charged with anoffence to...
- Section 823 of The Companies Act No. 17 of 2015: Application of this Part to foreign companies
(1) This Part applies to a foreign company that is carrying on business, or hasat any time carried on business, in Kenya except provided by subsection (2).
(2) Section 787 and section 800 to 811 do not apply to a foreign companyreferred to in subsection (1).
(3) The other provisions of this Part...