- Section 1008 of The Companies Act No. 17 of 2015: Power to make regulations about the inspection of records and the provision of copies
(1) The regulations may prescribe the obligations of a company that is required by a provision of this Act—
(a) to keep available for inspection any specified company records; or (b) to provide copies of any such records.
(2) A company that fails to comply with a regulation made for the purpose of...
- Section 1009 of The Companies Act No. 17 of 2015: Duty of company to take precautions against falsification of its records
(1) A company that keeps its records shall ensure that adequate precautions are taken—
(a) to guard against falsification of those records; and
(b) to facilitate the discovery of any falsification of those records that might occur.
(2) If a company fails to comply with subsection (1), the...
- Section 1010 of The Companies Act No. 17 of 2015: Service of documents on companies
(1) A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company’s registered office.
(2) A document may be served on a registered foreign company—
(a) by leaving it with, or sending it by post to, the local representative of the company...
- Section 1011 of The Companies Act No. 17 of 2015: Service of documents on directors, secretaries and others
(1) A document may be served on a person to whom this section applies by leaving it at, sending it by post to, the person’s registered address.
(2) This section applies to the following persons:
(a) a director or secretary of a company;
(b) in the case of a registered foreign company — the local...
- Section 1012 of The Companies Act No. 17 of 2015: Requirement for service addresses
(1) In this Act, a person’s service address is an address at which documentsrequired or permitted to be served on the person under this Act may be effectively served on the person under this Act may be effectively served on that person.
(2) The regulations may prescribe conditions with which a...
- Section 1013 of The Companies Act No. 17 of 2015: Companies Communications Regulations
(1) The Cabinet Secretary shall make regulations (to be called the Companies Communication Regulations) that are to have effect for the purposes of all provision of this Act and of any cognate Act that require or permit documents or information to be sent or supplied by or to a company.
(2) The...
- Section 1014 of The Companies Act No. 17 of 2015: Right to require company to provide hard copy version of company document or information
(1) A member of a company, or a holder of a company’s debentures, who has received a document information from the company otherwise than in hard copy form is entitled to require the company to send to the member or debenture holder a version of the document or information in hard copy...
- Section 1015 of The Companies Act No. 17 of 2015: Requirements for authentication of documents and information
(1) A document or information sent or supplied to a company in hard copy formis sufficiently authenticated if it is signed by the person sending or supplying it.
(2) A document or information sent or supplied in electronic form is sufficiently authenticated—
(a) if the identity of the sender is...
- Section 1016 of The Companies Act No. 17 of 2015: When documents and information are taken to have been sent or supplied by company
(1) This section applies in relation to documents and information sent or supplied by a company.
(2) If—
(a) a document or information is sent by post (whether in hard copy or electronic form) to an address in Kenya; and
(b) the company is able to establish that it was properly addressed, prepaid...
- Section 1017 of The Companies Act No. 17 of 2015: Part XLI: Application and interpretation of valuation requirements
(1) Sections 1018 to 1021 apply to the valuation and report required by sections73, 368 and 374.
(2) A person is a qualified valuer for the purposes of this Part and the sectionsreferred in subsection (1) only if the person—
(a) is eligible for appointment as a statutory auditor;...
- Section 1018 of The Companies Act No. 17 of 2015: Valuation to be carried out only by qualified valuer
(1) Except as provided by subsection (2), a valuation and report made for the purpose of sections 73, 368 or 374 can be made only by a qualified valuer.
(2) If it appears to the valuer to be reasonable for a valuation of the consideration, or part of it, to be made by (or for the valuer to accept a...
- Section 1019 of The Companies Act No. 17 of 2015: Valuer to satisfy independence requirement
(1) A person satisfies the independence requirement for the purposes of section
1017 only if—
(a) the person is not—
(i) an officer or employee of the company; or
(ii) a partner or employee of such a person, or a partnership of which such a person is a partner; (b) the person is not—
(i) an...
- Section 1020 of The Companies Act No. 17 of 2015: Meaning of “associate” for purposes of section 1034
(1) This section defines “associate” for the purposes of section 1019.
(2) In relation to a natural person, "associate" means—
(a) that person's spouse or minor child or step-child; (b) any body corporate of which that person is a director; and (c) any employee or partner of that person.
(3) In...
- Section 1021 of The Companies Act No. 17 of 2015: Valuer entitled to full disclosure
(1) A person who is carrying out a valuation or making a report with respect to consideration proposed to be accepted or given by a company is entitled to require from the officers of the company such information and explanation as the person believes necessary to enable—
(a) the valuation to be...
- Section 1022 of The Companies Act No. 17 of 2015: Power of Cabinet Secretary to make regulations for purposes of this Act
(1) The Cabinet Secretary may make general companies regulations prescribing matters—
(a) required or permitted by this Act to be prescribed by regulations; or
(b) necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.
(2) Without limiting...
- Section 1023 of The Companies Act No. 17 of 2015: Repeals and revocation
(1) The provisions of the Companies Act are repealed on such date or such different dates as the Cabinet Secretary may appoint by notice published in the Gazette.
(2) When bringing provisions of this Act into operation by a notice made undersection 1(3) of this Act, the Cabinet Secretary shall...
- Section 1024 of The Companies Act No. 17 of 2015: Continuity of the law
(1) If a provision of the repealed Act is re-enacted by this Act (with or without modification), the effect of the provision continues subject to this Act.
(2) If—
(a) any act, matter or process required or permitted to be done under, or for the purpose of, a provision of the repealed Act before...
- Section 1025 of The Companies Act No. 17 of 2015: Sixth Schedule: savings and transitional provisions
The savings and transitional provisions in the Sixth Schedule have effect.
- Section 1026 of The Companies Act No. 17 of 2015: Power to make savings and transitional regulations
(1) The Cabinet Secretary may make regulations, not inconsistent with the provisions in the Sixth Schedule, containing provisions of a savings or transitional nature relating to the transition from the application of the repealed Act to and in relation to companies (including foreign companies) to...
- Section 1 of Land Registration Act 2012: Short title.
This Act may be cited as the Land Registration Act, 2012.
- Section 2 of Land Registration Act 2012: Interpretation.
In this Act, unless the context otherwise requires—
“adjudication officer” has the meaning assigned to it in the Land Adjudication Act, Cap. 284;
“adjudication register” has the meaning assigned to it in the Land Adjudication Act;
“assignee” means a person to whom an assignment has been...
- Section 3 of Land Registration Act 2012: Application.
Subject to section 4, this Act shall apply to—
(a) registration of interests in all public land as declared by Article 62 of the Constitution;
(b) registration of interests in all private land as declared by Article
64 of the Constitution; and
(c) registration and recording of community...
- Section 4 of Land Registration Act 2012: Limitation of application.
This Act shall not prohibit or otherwise affect the system of registration under any law relating to mining, petroleum, geo-thermal energy or any other rights over land and land-based resources in respect of public land.
- Section 5 of Land Registration Act 2012: Conflict with other laws.
Except as otherwise provided in this Act, no other written law, practice or procedure relating to land shall apply to land registered or deemed to be registered under this Act so far as it is inconsistent with this Act.
- Section 6 of Land Registration Act 2012: Registration units.
(1) For the purposes of this Act, the Commission in consultation with national and county governments may, by order in the Gazette, constitute an area or areas of land to be a land registration unit and may at any time vary the limits of any such units.
(2) Every registration unit shall be divided...
- Section 7 of Land Registration Act 2012: Land registry
(1) There shall be maintained, in each registration unit, a land registry in which there shall be kept—
(a) a land register, in the form to be determined by the Commission;
(b) the cadastral map;
(c) parcel files containing the instruments and documents that support subsisting entries in the...
- Section 8 of Land Registration Act 2012: Community Land Register.
(1) Subject to the legislation on community land made pursuant to Article 63 of the Constitution, there shall be maintained in each registration unit, a community land register in which shall be kept—
(a) a cadastral map showing the extent of the community land and identified areas of common...
- Section 9 of Land Registration Act 2012: Maintenance of documents.
(1) The Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format including—
(a) publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of...
- Section 10 of Land Registration Act 2012: Public access to the register.
Subject to the Constitution and any other law regarding freedom of and access to information, the Registrar shall make information in the register accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe.
- Section 11 of Land Registration Act 2012: Seal of Registry
Each registry shall have an official seal, and every instrument bearing the imprint of the seal shall be received in evidence and, unless the contrary is proved, shall be deemed without further proof to be issued by or under the direction of the Registrar.