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Anti-Bribery Act

17. Offences under sections 10 and 13 by partnerships

Edition: 2023-12-11 · In force

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17. Offences under sections 10 and 13 by partnerships

(1)Proceedings for an offence under sections 10 and 13 alleged to have been committed by a partnership shall be brought in the name of the partners and the partnership.
(2)For the purposes of proceedings under subsection (1) —
(a)the rules of court relating to the service of documents shall have effect as if the partnership were a body corporate, and
(b)the following provisions shall apply as they apply in relation to a body corporate —
(i)the provisions of the Companies Act (Cap. 486) relating to liability of a company, its directors or its employees if found guilty of a criminal offence;
(ii)the provisions of the Partnerships Act (Cap. 29) relating to the liability of a partnership or its partners if found guilty of a criminal offence;
(iii)the provisions of the Limited Liability Partnerships Act (Cap. 30) relating to the liability of a partnership or its partners if found guilty of committing a criminal offence; and
(iv)the provisions of the Criminal Procedure Code (Cap. 75) relating to the liability of a company or its directors or a partnership or its partners if found guilty of committing a criminal offence.
(3)A fine imposed on the partnership on its conviction for an offence under sections 10 and 13 shall be paid out of the partnerships assets.
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Source: Kenya Law