ADVOKS GLOBAL · KENYA
Insolvency Act
679. Duty of certain persons to co-operate with relevant office-holder
Edition: 2022-12-31 · In force
679. Duty of certain persons to co-operate with relevant office-holder
(1)In this section, “relevant office holder", in relation to a company, also includes the Official Receiver even if not the liquidator.(2)This section applies to the following persons—(a)those who are or have at any time been officers of the company;(b)those who have taken part in the formation of the company at any time within the twelve months immediately preceding the effective date;(c)those who are in the employment of the company, or have been in its employment within that period, and are in the office-holder's opinion capable of giving the required information;(d)those who are, or have within that period been, officers of, or in the employment of, another company that is, or within period was, an officer of the relevant company;(e)if the company is being liquidated by the Court, any person who has acted as administrator, administrative receiver or liquidator of the company.(3)A person to whom this section applies shall—(a)give to the relevant office-holder such information concerning the company and its promotion, formation, affairs or property as that office-holder may at any time after the effective date reasonably require; and(b)appear before that office-holder at such times as that office-holder may reasonably require.(4)For the purposes of subsections (2) and (3), "the effective date", in relation to a company, is whichever of the following dates is applicable:(a)the date on which the company entered administration;(b)the date on which a provisional liquidator was appointed in respect of the company;(c)the date on which the liquidation of the company commenced.(5)A person who, without reasonable excuse, fails to comply with a requirement imposed by this section commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.(6)If, after being convicted of an offence under subsection (5), the person continues to fail to comply with the relevant requirement, the person commits a further offence on each day on which the failure continues and on conviction is to fine not exceeding fifty thousand shilling for each such offence.(7)In this section, "employment" includes employment under a contract for the supply of services.