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Companies Act

733. Auditor's rights to information: offences

Edition: 2024-12-27 · In force

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733. Auditor's rights to information: offences

(1)A person who makes a statement, whether oral or written containing information or explanations that the auditor requires, or is entitled to require, under section 731—
(a)knowing that the statement is false or misleading in a material respect; or
(b)recklessly without caring whether the statement is true or false, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years, or to both.
(2)A person who fails to comply with a requirement under section 732 commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.
(3)In proceedings for an offence under subsection (2), it is a defence for the person charged with the offence to establish on a balance of probabilities that it was not reasonably practicable for that person to provide the required information or explanations.
(4)If a parent company fails to comply with section 732, 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)Nothing in this section affects a right of an auditor to apply for a compliance order to enforce any of the auditor's rights under section 731 or 732.
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Source: Kenya Law