ADVOKS GLOBAL · KENYA
Companies Act
192. Right of member to inspect and to obtain copy of memorandum
Edition: 2024-12-27 · In force
192. Right of member to inspect and to obtain copy of memorandum
(1)This section applies to a company that is required to keep a copy of a director's service contract, or a memorandum setting out the terms of the contract, available in accordance with section 191.(2)A company to which this section applies shall, on being requested to do so by a member of the company, make the copy of the service contract, or the memorandum, available for inspection by the member without charge.(3)A company to which this section applies shall, within seven days after being requested to do so by a member of the company, provide the member with a copy of the relevant service contract or memorandum, subject to payment of the prescribed fee if any.(4)If the company fails without reasonable excuse to comply with a request made under subsection (2) or (3), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.(5)If, after a company or any of its officers is convicted of an offence under subsection (4), the company continues to fail to comply with the relevant request, the company, and each officer of the company who is in default, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding fifty thousand shillings for each such offence.(6)If a company refuses to allow an inspection as requested under subsection (2), or to provide a copy of the service contract or memorandum requested under subsection (3), the Court may, on the application of a person affected by the refusal, make an order compelling the company to allow an immediate inspection of the service contract or memorandum, or to provide that person 40 with a copy of it.Division 8— Contracts with sole directors