ADVOKS GLOBAL · KENYA
Insolvency Act
21. Creditor's execution process not to be issued or continued
Edition: 2022-12-31 · In force
21. Creditor's execution process not to be issued or continued
(1)A creditor who makes an application for a bankruptcy order in respect of a debtor may not issue an execution process against the debtor in respect of the property of the debtor to recover a debt on which the application is based.(2)If the creditor has already issued the execution process, the creditor may not continue it.(3)The creditor may make an application to the relevant court for approval to issue or continue the execution process.(4)On the hearing of an application made under subsection (3), the relevant court may make an order permitting the applicant to begin or continue the execution process but only if it is satisfied after considering all representations made to it that the interests of the other creditors will not be detrimentally affected.(5)Any action taken in contravention of subsection (1) or (2) is void.