ADVOKS GLOBAL · KENYA
Insolvency Act
359. Discharge of debtor's participation in no-asset procedure
Edition: 2022-12-31 · In force
359. Discharge of debtor's participation in no-asset procedure
(1)A debtor who is participating in the no-asset procedure is automatically discharged from that procedure at the end of twelve months after the date when the debtor was admitted to it.(2)Subsection (1) does not apply if the Official Receiver—(a)is satisfied that the twelve-month period should be extended for the purpose of properly considering whether the debtor's participation in the no-asset procedure should be terminated; and(b)sends a written deferral notice to the debtor's last known address before the end of that period.(3)The Official Receiver shall specify in the deferral notice an alternative date for automatic discharge, which may be not later than thirty-five days after the end of the twelve-month period.(4)A deferral notice has effect whether or not the debtor receives it.(5)As soon as practicable after sending a deferral notice to a debtor, the Official Receiver shall send a copy of the notice to each creditor of the debtor known to the Official Receiver.(6)The debtor is automatically discharged from the no-asset procedure on the date specified in the deferral notice.(7)The Official Receiver may revoke a deferral notice in the same way in which it was sent, in which case, the debtor is automatically discharged from the no-asset procedure—(a)if the notice is revoked on or before the end of the twelve-month period specified in subsection (1), at the end of that period; or(b)if it is revoked after the end of that period, on the date of revocation.