ADVOKS GLOBAL · KENYA
Insolvency Act
346. Debtor disqualified from entry to no-asset procedure in certain cases
Edition: 2022-12-31 · In force
346. Debtor disqualified from entry to no-asset procedure in certain cases
The Official Receiver shall not admit a debtor to the no-asset procedure if satisfied, on reasonable grounds, that—(a)the debtor has concealed assets with the intention of defrauding the debtor's creditors (such as by transferring property to a trust);(b)the debtor has engaged in conduct that would, if the debtor were adjudged bankrupt, constitute an offence under this Act;(c)the debtor has incurred a debt or debts knowing that the debtor does not have the means to repay them; or(d)a creditor intends to apply for the debtor to be adjudged bankrupt and it is likely that, if the debtor were to be adjudged bankrupt, the outcome for the creditor would be materially better than if the debtor were admitted to the no-asset procedure.