ADVOKS GLOBAL · KENYA
State Corporations Act
19. Powers of Inspector-General (Corporations) after investigations
Edition: 2025-12-05 · In force
19. Powers of Inspector-General (Corporations) after investigations
(1)In any investigation conducted under this Act, the Inspector-General (Corporations) shall have power—(a)to disallow any item of account which is contrary to the law or to any direction lawfully given to a state corporation;(b)to surcharge the amount of any expenditure so disallowed upon the person responsible for incurnng or authorizing the expenditure;(c)to surcharge any sum which has not been duly brought to account upon the person by whom that sum ought to have been brought into account;(d)to surcharge the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred;(e)to certify the amount due from any person upon whom he has made a surcharge.(2)The Inspector-General (Corporations) shall, as soon as practicable after certifying the amount of surcharge; furnish the person surcharged with a certificate of surcharge in the prescribed form.(3)For the purposes of this section, a member of the Board shall be deemed to be responsible for incurring or authorizing an expenditure if, being present when the resolution of the Board or committee thereof incurring or authorizing the expenditure was passed—(a)he voted in favour of it; or(b)he did not cause his vote against the resolution to be recorded in the minutes.(4)A person shall not be freed from liability to surcharge under this section by reason only of the fact that, in the matter giving rise to the liability, he acted in pursuance of any resolution of a Board, or of any committee thereof, if that resolution was contrary to law.