ADVOKS GLOBAL · KENYA
Insolvency Act
335. Restrictions on bringing proceedings against debtors while summary instalment order has effect
Edition: 2022-12-31 · In force
335. Restrictions on bringing proceedings against debtors while summary instalment order has effect
(1)In this section, "proceedings", in relation to a debtor in respect of whom a summary instalment order has been made, means proceedings brought against the person or property of the debtor in respect of a debt that has been—(a)shown in the debtor's application for the summary instalment order;(b)included in the summary instalment order; or(c)notified to the supervisor.(2)While a summary instalment order has effect, a person may not begin or continue proceedings against the debtor unless—(a)the Official Receiver gives approval for a creditor to begin or continue the proceedings; or(b)the debtor is in default under the order.(3)In giving any such approval, the Official Receiver may impose such conditions as appear to the Official Receiver to be fair and reasonable.(4)In the case of proceedings that are pending before a court at the time when the summary instalment order is made, the Court, unless the conditions specified in subsection (2)(a) or (b) apply—(a)shall stay the proceedings on receiving notice of the order; and(b)may award all or part of the creditor's costs incurred up to the time of the Court's notification, and may certify accordingly for the purpose of the creditor proving the debt under this Division.