ADVOKS GLOBAL · KENYA
Insolvency Act
33. Appointment of insolvency practitioner by the Court
Edition: 2022-12-31 · In force
33. Appointment of insolvency practitioner by the Court
(1)Subject to section 34, on the hearing of a debtor's application, the Court may not make a bankruptcy order if it appears to the Court—(a)that if a bankruptcy order were made the total amount of the applicant's debts, so far as unsecured, would be less than the small bankruptcies level;(b)that if a bankruptcy order were made, the value of the bankrupt's estate would be equal to or more than the prescribed minimum value;(c)that, during the five years immediately preceding the debtor's application, the debtor has—(i)neither been adjudged bankrupt; nor(ii)made a composition with the debtor's creditors in satisfaction of the debtor's debts or a scheme of arrangement of the debtor's financial affairs; and(d)that it would be appropriate to appoint an authorised insolvency practitioner to prepare a report under section 34.(2)If, on the hearing of the application, it appears to the Court that it would be appropriate to make an appointment as referred to in subsection (1)(d), the Court shall appoint an authorised insolvency practitioner in relation to the debtor—(b)subject to Division 1 of Part IV, to act in relation to any voluntary arrangement to which the report relates as supervisor for the purpose of supervising its implementation.(3)In this section—(a)"prescribed minimum value" means the amount for the time being specified in the insolvency regulations for the purposes of this section;(b)"small bankruptcies level" means the amount for the time being so specified for the purposes of this section.