ADVOKS GLOBAL · KENYA
Insolvency Act
322. Prosecution of delinquent debtors
Edition: 2022-12-31 · In force
322. Prosecution of delinquent debtors
(1)This section applies to a voluntary arrangement that has taken effect in accordance with section 312(1) or 319(1).(2)As soon as practicable after forming a reasonable suspicion that a debtor has committed an offence in connection with a voluntary arrangement to which this section applies, the supervisor of the arrangement shall report the matter to the Attorney-General and to the Director of Public Prosecutions.(3)On receiving the supervisor's report, the Attorney-General or Director of Public Prosecutions may request the supervisor to provide—(a)such information as is specified in the request; and(b)access to, and facilities for inspecting and taking copies of, such documents as are so specified.(3)The supervisor shall comply with such a request to the extent that the information or documents are under the debtor's control and relate to the matter concerned.(4)If the Director of Public Prosecutions takes criminal proceedings following a report made under subsection (2), the supervisor shall provide that Director with all assistance in connection with the prosecution that the supervisor is reasonably able to provide.(5)If the supervisor fails to comply with subsection (3) or (4), the Attorney-General or Director of Public Prosecutions may apply to the Court for an order under subsection (6).(6)On the hearing of an application made under subsection (5), the Court may make an order directing the supervisor to comply with subsection (3) or (4), as appropriate.Division 2 — Summary instalment orders