ADVOKS GLOBAL · KENYA
Companies Act
1000. Production and inspection of documents if offence suspected
Edition: 2024-12-27 · In force
1000. Production and inspection of documents if offence suspected
(1)An application for an order under subsection (2) may be made to the Court by the Attorney-General, the Director of Public Prosecutions or the Inspector-General of Police.(2)If, on the hearing of an application under subsection (1), the Court is of the opinion—(a)that a person has, while an officer of a company, committed an offence in connection with the management of the company's affairs; and(b)that evidence of the commission of the offence is to be found in any documents in the possession, or under the control, of the company, it may make an order in accordance with subsection (3).(3)Such an order may—(a)authorise any person named in it to inspect the documents concerned, or any of them, for the purpose of investigating and obtaining evidence of the alleged offence; or(b)require the secretary, or some other specified officer of the company, to produce the documents (or any of them) to a person named in the order at a specified place and within a specified period.(4)This section applies also in relation to documents in the possession or under the control of a person carrying on banking business, so far as they relate to the company's affairs, as it applies to documents in the possession or control of the company, except that no such order as is referred to in subsection (3)(b) can be made because of this subsection.(5)A decision of the Court under this section is not appealable.(6)A company in relation to which an application is made under subsection (1) is entitled to be heard at the hearing of the application.