ADVOKS GLOBAL · KENYA
Companies Act
103. Power of Court to rectify register
Edition: 2024-12-27 · In force
103. Power of Court to rectify register
(1)If—(a)the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or(b)the cessation of membership of a person who has ceased to be a member of the company has not been entered in that register,the person affected, or the company or any member of the company, may apply to the Court for rectification of the register.(2)On hearing an application made under subsection (1), the Court shall either refuse the application or order rectification of the register and payment by the company of any damages sustained by any party affected by the error or is failure.(3)On hearing such an application, the Court may—(a)decide any question relating to the title of a person who is a party to the application to have the person's name entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand; and(b)generally decide any question that it considers should be decided in order to rectify the register.(4)In the case of a company required by this Act to lodge a list of its members with the Registrar, the Court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the Registrar, who shall on receipt of the notice make such adjustments to the Register as the Registrar considers appropriate.