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BANKRUPTCY ACT

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BANKRUPTCY ACT
LAWS OF KENYA

BANKRUPTCY ACT
CHAPTER 53

Revised Edition 2012 [2010]
Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012]

Bankruptcy

CAP. 53

CHAPTER 53
BANKRUPTCY ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1.
2.

Short title.
Interpretation.

PART II – PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE
Acts of Bankruptcy
3.
4.

Acts of bankruptcy.
Bankruptcy notices.

Receiving Order
5.
6.
7.
8.
9.
10.
11.
12.
13.

Jurisdiction to make receiving order.
Conditions on which creditor may petition.
Proceedings and order on creditor’s petition.
Debtor’s petition and order thereon.
Effect of receiving order.
Power to appoint interim receiver.
Power to stay pending proceedings.
Power to appoint special manager.
Advertisement of receiving order.

Proceedings Consequent on Order
14.
15.
16.

First meeting of creditors.
Meetings to be governed by rules.
Debtor’s statement of affairs.

Public Examination of the Debtor
17.

Public examination of debtor.

18.
19.

Compositions and schemes of arrangement.
Effect of composition or scheme.

20.
21.
22.
23.

Adjudication of bankruptcy where composition not accepted or approved.
Appointment of trustee.
Committee of inspection.
Power to accept composition or scheme after adjudication.

24.
25.

Duties of debtor as to discovery and realization of property.
Address and certain particulars to be furnished.

Composition or Scheme of Arrangement

Adjudication of Bankruptcy

Control over Person and Property of Debtor

B3 - 3

[Issue 1]

CAP. 53

Bankruptcy

[Rev. 2012]

Section
26.
27.
28.
29.
30.
31.
32.
33.
34.

Arrest of debtor in certain circumstances.
Redirection of debtor’s letters.
Inquiry as to debtor’s conduct, dealings and property.
Bankrupt to apply for discharge within time specified by court.
Fraudulent settlements.

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