ADVOKS GLOBAL · KENYA
Partnerships Act
35. Break up of partnership.
Edition: 2022-12-31 · In force
35. Break up of partnership.
(1)A partnership breaks up if—(a)the number of partners falls below two;(b)the partnership is for a fixed term and the term expires;(c)an order to break up the partnership is made by the Court on the application of a partner;(d)an order is made by a Court under section 51(1) on the application of the Cabinet Secretary; or(e)an order is made by a Court under section 51(2) of this Act.(2)A partnership—(a)whose term is not fixed; or(b)that is for a fixed term and one or more partners has at any time in the course of the partnership, ceased to be partners,shall be dissolved if at least half the number of partners decide that the partnership should be dissolved.(3)The date at which the partnership breaks up under subsection 2(a) of this section shall be the date on which the partners agree to break up the partnership.(4)A partner who gives a resignation notice under section 29 shall not be taken to be a partner for the purposes of subsection (2).(5)If a partnership entered into for a fixed term continues after the expiration of the term without any express new agreement, the rights and duties of a partner shall remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will.(6)An agreement to break up or to continue a partnership may be inferred either—(a)from the fact that the partners cease to carry on the partnership business; or(b)from the fact that the partners continue that business with a view to making a profit.