ADVOKS GLOBAL · KENYA
Companies Act
221. Disqualification after investigation of company
Edition: 2024-12-27 · In force
221. Disqualification after investigation of company
(1)If, as result of a report of an investigation conducted under Part XXX, the Attorney-General considers that it would be in the public interest for a disqualification order to be made against a person who is or has been a director or secretary of any company, the Attorney-General may apply to the Court for a disqualification order to be made against that person.(2)The court may make a disqualification order against a person if, on an application under this section, it is satisfied that the person's conduct in relation to the company makes that person unfit to take part in the management of a company.(3)The maximum period that can be imposed in a disqualification order made under this section is fifteen years.(4)If, in consequence of such an investigation—(a)the Attorney-General is of the opinion that the conduct of a person in relation to a company of which the person is or has been a director or secretary makes the person unfit to be concerned in the management of a company; and(b)the person has offered to provide a disqualification undertaking, the Attorney-General may, instead of applying, or proceeding with an application, for a disqualification order, accept the undertaking if of the view that it would be in the public interest to do so.