ADVOKS GLOBAL · KENYA
Insolvency Act
294. Offences in relation to credit, etc
Edition: 2022-12-31 · In force
294. Offences in relation to credit, etc
(1)A bankrupt commits an offence if, during the three years preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the application was made—(a)the bankrupt obtains property on credit and has not paid for the property; and(b)the bankrupt obtains the property—(i)by making a false representation or doing some other fraudulent act;(ii)by falsely stating the position of the bankrupt's financial affairs; or(iii)under the false pretence of carrying on business and dealing in the ordinary course of trade.(2)A bankrupt commits an offence if, during the three years immediately preceding the making of the application to the Court for a bankruptcy order in respect of the bankrupt, or at any time after the application was made, the bankrupt (otherwise than in the ordinary course of business) pawns, mortgages, creates a security right or disposes of any property that the bankrupt has obtained but for which the bankrupt has not made payment.(3)In proceedings for an offence under subsection (1) or (2), it is a defence to prove that, at the relevant time, the bankrupt had no intention to defraud.