ADVOKS GLOBAL · KENYA
Companies Act
226. Application for leave under an order or undertaking
Edition: 2024-12-27 · In force
226. Application for leave under an order or undertaking
(1)If a person is subject to a disqualification order made by the Court, an application for leave for the purposes of section 214(1) may be made only to the Court.(2)If—(a)a person is subject to a disqualification order made under section 215 by a court other than the Court; and(b)a person is subject to a disqualification order made under section 217, an application for leave for the purposes of section 214(1) may be made only to the court that convicted the person of the relevant offence or, if the person was convicted of more than one such offence, of any of those offences.(3)If a person is subject to a disqualification undertaking, any application for leave for the purposes of section 222(1) may be made only to a court to which, if the Attorney-General had applied for a disqualification order under the relevant section at that time, the application could have been made.(4)If a person is subject—(a)to two or more disqualification orders or undertakings; or(b)to one or more disqualification orders and to one or more disqualification undertakings, an application for leave for the purposes of section 214(1) or 222(1) may be made only to a court to which any such application relating to the latest order to be made, or undertaking to be accepted, could be made.(5)On the hearing of an application for leave for the purposes of section 214(1) or 222(1), the Attorney-General shall appear and draw the attention of the court to any matters that appear to the Attorney-General to be relevant, and may personally give evidence or call witnesses.