ADVOKS GLOBAL · KENYA
Insolvency Act
695. Admissibility in evidence of statement prepared for purpose of provision of this Act or the insolvency regulations
Edition: 2022-12-31 · In force
695. Admissibility in evidence of statement prepared for purpose of provision of this Act or the insolvency regulations
(1)In any proceedings (whether under this Act or any other written law)—(a)a statement of the financial position or affairs of a bankrupt, company or other person prepared for the purpose of any provision of this Act; and(b)any other statement made for the purpose of complying with a requirement imposed by or under any such provision or by or under the insolvency regulations,may be used in evidence against any person making or concurring in making the statement.(2)However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—(a)evidence relating to the statement may not be adduced; and(b)questions relating to it may not be asked,by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.(3)Subsection (2) applies to all offences other than—(a)an offence under section 108 or 114 of the Penal Code (Cap. 63) (which respectively relate to perjury and subornation of perjury and to false swearing); and(b)offences (if any) designated by the insolvency regulations for the purposes of this section.