- Section 845 of The Companies Act No. 17 of 2015: Power of Registrar to accept replacement for document previously lodged
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement.
(2) The Registrar may accept a replacement document only if satisfied—(a) that is lodged by—
(i) the person by whom the original document was lodged;...
- Section 846 of The Companies Act No. 17 of 2015: Power of Registrar to exclude unnecessary information
(1) For the purpose of this section, information is unnecessary if it—
(a) is not required in order to comply with an obligation imposed by or under this or any other Act; and
(b) is not specifically required or authorised to be lodged to the Registrar.
(2) For the purpose of subsection (1)(a),...
- Section 847 of The Companies Act No. 17 of 2015: Registrar's notice to remedy defective lodgement
(1) This section applies if a document lodged with the Registrar for registration
—
(a) does not meet the requirements for proper lodgement; and
(b) is not corrected under section 844, or replaced under section 845.
(2) The Registrar may give notice—
(a) to the person by whom the document was...
- Section 848 of The Companies Act No. 17 of 2015: Annotation of the Register
(1) The Registrar shall note in the Register-
(a) the date on which a document is lodged with the Registrar for registration;
(b) if a document is corrected under section 844 — the nature and date of the correction;
(c) if a document is replaced (whether or not material derived from it is...
- Section 849 of The Companies Act No. 17 of 2015: Allocation of unique identifiers for purpose of identifying directors and certain other persons
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who—
(a) is a director of a company;
(b) is secretary, or a joint secretary, of a public company; or (c) is appointed as an authorised signatory of a...
- Section 850 of The Companies Act No. 17 of 2015: Preservation of original documents
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged.
(2) After the end of that period, the Registrar may destroy or arrange forthe destruction of those documents, but only...
- Section 851 of The Companies Act No. 17 of 2015: Power of Registrar to destroy records of dissolved company after lapse of two years
(1) At any time after the expiry of two years from the date on which—
(a) a company has been dissolved; or
(b) a foreign company has ceased to be registered as such in Kenya, the Registrar may arrange for the transfer to the Kenya National Archives and Documentation Service of the records recorded...
- Section 852 of The Companies Act No. 17 of 2015: Right of members of public to inspect Register
(1) Every member of the public has the right to inspect the Register.
(2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the record kept by the Registrar of the contents of the document is illegible or unavailable.
(3) The...
- Section 853 of The Companies Act No. 17 of 2015: Right of members of public to be provided with copies of records kept by Registrar
(1) Any member of the public may apply to the Registrar for a copy of anyrecord that forms part of the Register or the Foreign Companies Register.
(2) On receiving such an application, the Registrar shall, subject to the payment of a fee (if any) not exceeding the amount prescribed by the...
- Section 854 of The Companies Act No. 17 of 2015: Certain records not to be made available for public inspection
(1) The Registrar may not make available for public inspection—
(a) the contents of a document sent to the Registrar containing views expressed in accordance with section 51;
(b) protected information within section 202(1) or any corresponding provision of the foreign companies regulations;
(c) a...
- Section 855 of The Companies Act No. 17 of 2015: Registrar can be required to make address unavailable for public inspection
(1) The Registrar is, on an application made in accordance with the regulations referred to in subsection (2), required to make an address on the Register unavailable for public inspection.
(2) The regulations may specify—
(a) who may make an application under subsection (1);
(b) the grounds on...
- Section 856 of The Companies Act No. 17 of 2015: Form of application for inspection or copy
The Registrar may specify the form and manner in which application is to be made for—
(a) an inspection under section 852; or (b) a copy under section 853.
- Section 857 of The Companies Act No. 17 of 2015: Form and manner in which copies to be provided
The Registrar may determine the form and manner in which copies are to be provided under section 854.
- Section 858 of The Companies Act No. 17 of 2015: Certification of copies of records by Registrar
(1) The Registrar shall certify copies of records provided in hard copy formunder section 854 as true copies unless the applicant dispenses with the need for certification.
(2) The Registrar may not certify copies of records provided in electronic formunder section 853 as true copies unless the...
- Section 859 of The Companies Act No. 17 of 2015: Issue of legal process for production of records kept by the Registrar
(1) Any legal process compelling the Registrar to produce a record kept by theRegistrar may issue from a court only with the permission of the Court.
(2) Such a process is of no effect unless it states on its face that it is issued with that permission.
- Section 860 of The Companies Act No. 17 of 2015: Registrar’s notice to resolve inconsistency on the Register
(1) If it appears to the Registrar that the information contained in a document lodged with the Registrar for registration is inconsistent with an existing entry in the Register, the Registrar may gave notice to the company concerned—
(a) stating in what respects the information contained in it...
- Section 861 of The Companies Act No. 17 of 2015: Administrative removal of information from the Register
(1) The Registrar may remove from the Register any entry that there was power to make, but no duty.
(2) This power is exercisable, in particular, so as to remove—
(a) information derived from a document that has been replaced under section 845 or 860; or
(b) unnecessary information within the...
- Section 862 of The Companies Act No. 17 of 2015: Rectification of Register on application to Registrar
(1) On receiving an application made in accordance with this section, the Registrar shall remove from the Register an entry relating to a company that the Registrar is satisfied is of a kind that—
(a) derives from anything invalid or ineffective or that was done without the authority of the...
- Section 863 of The Companies Act No. 17 of 2015: Rectification of the Register under Court order
(1) The Registrar shall remove from the Register any entry—
(a) that derives from anything that the Court has declared to be invalid or ineffective, or to have been done without the authority of the company; or
(b) that the Court has declared to be factually inaccurate; or to be derived from...
- Section 864 of The Companies Act No. 17 of 2015: Powers of Court on ordering removal of entry from the Register
(1) If the Court makes an order for the removal of an entry from the Registerunder section 863, it may also give any of the following directions:
(a) that any note on the Register that is related to the entry that is the subject of the order is to be removed from the Register;
(b) that the order...
- Section 865 of The Companies Act No. 17 of 2015: Documents to be prepared and lodged in the English language
Subject to section 866, the Registrar may refuse to accept any document lodged with, or delivered, sent or submitted to the Registrar in a language other than English.
- Section 866 of The Companies Act No. 17 of 2015: Documents that may be prepared and lodged in other languages
(1) Documents to which this section applies may be drawn up and lodged withthe Registrar in a language other than English, but only if they are accompanied by a certified translation in English.
(2) This section applies to—
(a) agreements required to be forwarded to the Registrar under Division 2...
- Section 867 of The Companies Act No. 17 of 2015: Voluntary lodgement of translations
(1) A company may lodge with the Registrar for registration one or more certified translations of any document relating to the company that is or has been lodged with the Registrar.
(2) The regulations may specify—
(a) the languages; and
(b) the descriptions of document, in relation to which this...
- Section 868 of The Companies Act No. 17 of 2015: Certified translations
(1) In this Part, a “certified translation” means a translation certified as prescribed by the regulations for the purposes of this section to be a correct translation.
(2) In the case of any discrepancy between the original language version of adocument and a certified translation—
(a) the...
- Section 869 of The Companies Act No. 17 of 2015: Transliteration of names and addresses: permitted characters
(1) The Registrar may decline to accept for lodgement documents that containnames and addresses unless those names and address comprise only letters, characters and symbols, including accents and other diacritical marks that are permitted.
(2) The regulations may—
(a) specify the letters,...
- Section 870 of The Companies Act No. 17 of 2015: Transliteration of names and addresses: voluntary translation into Roman characters
(1) If a name or address is or has been lodged with the Registrar in a permitted form using other than Roman characters, the company may lodge with the Registrar for registration a translation into Roman characters.
(2) The power of the Registrar to impose requirements as to the form and manner of...
- Section 871 of The Companies Act No. 17 of 2015: Translation of names and addresses: certification
(1) The regulations may require the certification of transliterations and prescribe the form of certification.
(2) Different provision may be made for compulsory and voluntary translations.
- Section 872 of The Companies Act No. 17 of 2015: Offence to lodge false or misleading documents or to make false or misleading statements to Registrar
A person who—
(a) lodges or causes to be lodged with the Registrar for registration a document containing information; or
(b) makes to the Registrar a statement for any purpose that the person knows, or has reason to suspect, is false or misleading in a material respect commits an offence and on...
- Section 873 of The Companies Act No. 17 of 2015: Enforcement of company’s lodgement obligations
(1) This section applies if a company has not complied with an obligation imposed by this Act—
(a) to lodge a document to the Registrar; or
(b) to give notice to the Registrar of any matter.
(2) The Registrar, or any member or creditor of the company, may give noticeto the company requiring it to...
- Section 874 of The Companies Act No. 17 of 2015: Supplementary provisions relating to electronic communications
(1) The Registrar may require a company to give any necessary consents tothe use of electronic means for communications by the Registrar to the company as a condition of making use of any facility to lodge material to the Registrar by electronic means.
(2) A document that is required by or under...